2015 QCCQ 10875, 2015 QCCQ 10875
Opinion
Richter, s.e.n.c.r.l. c. Almann Capital Management Inc. 2015 QCCQ 10875 COUR OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL CIVIL Division N° : 500-22-212451-143 DATE : November 3, 2015 ______________________________________________________________________ BY THE HONOURABLE ANTONIO DE MICHELE, J.C.Q. ______________________________________________________________________ RICHTER S.E.N.C.R.L. Plaintiff c. ALMANN CAPITAL MANAGEMENT INC.
Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] This Court after having taken knowledge of the proceedings and documentation filed by the parties; [ 2 ] CONSIDERING that Defendant is not present at the calling of the case on October 21, 2015; [ 3 ] CONSIDERING that Defendant’s attorneys advised Plaintiff’s attorneys on October 20, 2015 to the effect that neither Defendant neither their attorney will be present on the calling of the trial on October 21, 2015; [ 4 ] CONSIDERING the Plaintif is claiming from Defendant the sum of $48,283.47 with respect to the balance owing for services rendered and disbursements incurred together with legal interest and additional indemnity from April 30, 2014, the date of service of the letter of demand, P-3; [ 5 ] CONSIDERING the letter of Defendant’s attorneys dated October 20, 2015 indicating their instruction not to be present in Court and that, consequently, the matter may proceed by default; [ 6 ] CONSIDERING that, at the call of the roll, neither Defendant nor its attorneys were present; [ 7 ] CONSIDERING the Affidavit for Jugdment of IIana Einheiber dated September 28, 2015 and exhibits P-1 to P-3 in support thereof; [ 8 ] CONSIDERING that Plaintiff has proven the essential allegations of its demand; THEREFORE, THIS HONOURABLE COURT HEREBY : GRANTS Plaintiff’s Motion to institute proceedings; CONDEMNS the Defendant to pay to Plaintiff the sum of $48,283.47, together with legal interest and additional indemnity as of May 27, 2014, the date of the issuance of Plaintiff’s Motion to institute proceedings; THE WHOLE with costs against Defendant. . __________________________________ ANTONIO DE MICHELE, J.C.Q.
Me Louis Chronopoulos PINSKY, ZELMAN, SEGAL, SANTILLO Lawyer for Plaintiff
Me Marc-Alexandre Girard Lawyer for Defendant Absent Date of hearing : October 21, 2015
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