2019 QCCQ 8109, 2019 QCCQ 8109

Albert c. Fermin-Morales 2019 QCCQ 8109 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-157870-181 DATE: November 19, 2019 ______________________________________________________________________ BY THE HONOURABLE DANIEL BOURGEOIS, J.C.Q. ______________________________________________________________________ Clifford ALBERT [...] Hampstead, Qc, [...] Plaintiff v.

Zurichlinz FERMIN-MORALES [...] Mississauga, On, [...] Defendant ______________________________________________________________________ JUDGMENT (rendered at the hearing [1] ) ______________________________________________________________________ [ 1 ] The Defendant brought an application for revocation under the

section 568 of the Code of civil procedure of Quebec. [ 2 ] Mrs. Morales declares that she learned about the judgment, rendered on December 10 th , 2018, only on June 17 th , 2019. [ 3 ] The application for revocation was filed with the court on July 10th, 2019 which is more than six months after the said judgment. [ 4 ]

Section 568 states that « the application must be filed within 30 days after the party becomes aware of the judgment, and not more than six months after the date of the judgment, these being strict time limits .” [ 5 ]

Section 84 of the same Code states the following, “ A time limit described by this Code as a strict time limit cannot be extended unless the court is convinced that it was impossible in fact for the party concerned to act sooner .” [ 6 ] Furthermore, Justice Tremblay’s decision earlier this year ordered the Defendant to file a contestation within 20 days as of July 16 th , 2019. Today, the Defendant admits that no contestation has yet been filed with the court. [ 7 ] The evidence shows that Plaintiff wrote the Defendant a letter on May 13 th , 2019 concerning the judgment.

Proof of service by registered mail of the forgoing was presented to the Court. [ 8 ] Mrs. Morales cannot explain why she was only made aware of that letter and judgment on June 17 th , that it more than 30 days after proof of services which was done on May 13 th 2019. [ 9 ] In other respect and concerning the absence of contestation, Mrs.

Morales declares that all the document received from the Court were in French. [ 10 ] However, this is not correct, since Justice Tremblay’s decision on July 16 th 2019, was written in English and was duly transmitted to the Defendant. [ 11 ] On several occasions, the Quebec Court of Appeal [2] declared that the person who brings an application for time limit extension has to show that he or she was diligent in the handling of the case.

The evidence today shows that this was not the case. [ 12 ] For this reasons, the Court declares that the grounds for revocation are not sufficient and therefore the application is dismissed.

[ 13 ] The judgment dated on December 10 th , 2019, is therefore maintained. [ 14 ] THE WHOLE, with costs. __________________________________ DANIEL BOURGEOIS, J.C.Q. Date of hearing: November 19, 2019