2015 QCCQ 9368, 2015 QCCQ 9368

9277-6475 Québec inc. c. Distribution Mama Cheaters inc. 2015 QCCQ 9368 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL CIVIL Division No: 500-22-218203-142 DATE: September 17, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ 9277-6475 QUÉBEC INC. Plaintiff v. DISTRIBUTION MAMA CHEATERS INC.

Defendant ______________________________________________________________________ JUDGMENT BY DEFAULT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] GIVEN defendant's absence; [ 2 ] WHEREAS defendant's attorney appeared before the Court this morning and declared that he had no proof to present; [ 3 ] GIVEN

article 285 C.C.P.;

[ 4 ] GIVEN the evidence and, more particularly, the testimony of plaintiff's representative, Ousman Dramé, as well as exhibits P-1 to P-5; [ 5 ] WHEREAS plaintiff sold and delivered the fish and sea food described in the numerous invoices filed " en liasse " as exhibit P- 3, to defendant, on the dates indicated thereon, at the request and for the benefit of defendant; [ 6 ] WHEREAS all of the invoices are signed by defendant's representative, thereby acknowledging receipt of the said merchandise; [ 7 ] WHEREAS the deliveries took place between June 5 and October 11, 2013; [ 8 ] WHEREAS statement of account P-3 shows that defendant made certain payments on account, leaving a balance owing of $16,739.01. [ 9 ] WHEREAS , furthermore, defendant subsequently issued cheques P-5 to plaintiff, in partial payment of the various amount owed (invoices 318417 and 318460), but said cheques were dishonoured; [ 10 ] WHEREAS , what is more, defendant's principal "Nicola" made several promises to pay to plaintiff, but failed to honour said promises; [ 11 ] WHEREAS plaintiff proved all of the facts alleged in its motion, by a preponderance of evidence; [ 12 ] GIVEN the contracts which intervened between the parties; [ 13 ] WHEREAS plaintiff fulfilled its contractual obligations towards defendant, but defendant failed and omitted to respect its contractual obligations towards plaintiff; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's motion; SENTENCES defendant to pay plaintiff the sum of $16,739.01, plus legal interest at the legal annual rate of 5%, and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , from November 3, 2014; THE WHOLE with costs. __________________________________ ELIANA MARENGO, J.C.Q. Me Michael Hollander OIKNINE & ASSOCIÉS Lawyer for plaintiff Me Jacob H. Woloshen Lawyer for defendant Dates of hearing: April 29 and September 17, 2015