2018 QCCQ 107, 2018 QCCQ 107

Hossain c. Canadawide Fruit Wholesalers Inc. 2018 QCCQ 107 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-153152-162 DATE: January 9, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ AKMAL HOSSAIN Plaintiff / cross-defendant v. CANADAWIDE FRUIT WHOLESALERS INC.

Defendant / cross-plaintiff ______________________________________________________________________ JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] GIVEN plaintiff’s absence at trial, notwithstanding having been duly summoned and called; [ 2 ] WHEREAS plaintiff was also absent on July 25, 2017, at which time the judge postponed the hearing to today; [ 3 ] GIVEN the lack of evidence in support of plaintiff’s claim; [ 4 ] WHEREAS , under the circumstances, and for the time being, defendant does not wish to present any evidence in support of its cross-demand; [ 5 ] WHEREAS defendant nevertheless wishes to reserve its rights, in regards thereto; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff’s application; CONDEMNS plaintiff to pay Canadawide Fruit Wholesalers Inc. judicial costs in the amount of $300.00; RESERVES defendant’s rights with regards to its cross-demand in the present matter.

__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: January 9, 2018