2012 QCCQ 2584, 2012 QCCQ 2584

Saffron HOF inc. c. Soho 2012 QCCQ 2584 JV0516 COUR DU QUÉBEC « Small Claims Court» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Chamber » N° : 500-32-126508-102 DATE : April 10th, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE SUZANNE VADBONCOEUR, J.C.Q. ______________________________________________________________________ SAFFRON H.O.F. INC. 86 Sainte Anne, #200 Sainte Anne de Bellevue (Qc) H9X 1L8 Plaintiff c. SOHO 3715 blv.

St-Laurent Montreal (Qc) H2X 2V7 Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ For the reasons expressed verbally at the end of the hearing, recorded numerically and summarized hereinafter, the Court renders judgment as follows : [ 1 ] The Defendant, even though he was duly called, does not show up at this hearing.

Therefore, the Court proceeds ex parte . [ 2 ] The Court is seized with an action whereby the Plaintiff is claiming the amount of 3 698,07$ from the Defendant, representing the sales intervened between the parties, as more fully appears from the invoices produced as exhibits P-1 to P-5. [ 3 ] These invoices were duly received by the Defendant as more fully appears from the documents of FedEx produced as exhibits P-6 to P-10. [ 4 ] No amount has been paid yet by the Defendant. [ 5 ] The letter of demand P-12, dated November 18, 2010 and sent to the Defendant by registered mail was refused by the latter as more fully appears from the document of Canada Post produced as exhibit P-13. [ 6 ] CONSIDERING that the Plaintiff has the burden to prove that its claim is well founded in fact and in law, according to sections 2803 and 2804 of the Civil Code of Quebec ; [ 7 ] CONSIDERING that the Court is satisfied with the testimonial and documentary evidence given by the Plaintiff and considers that Plaintiff met its burden of proof; [ 8 ] CONSIDERING that due to his absence, the Defendant did not offer any evidence to the Court; [ 9 ] CONSIDERING that the Court concludes from the evidence that the Plaintiff's claim is well founded in fact and in law; FOR THESE REASONS, THE COURT : GRANTS the Plaintiff's Motion; CONDEMNS the Defendant to pay to the Plaintiff the sum of 3 698,07$ with interest at the annual rate of 5% and the additional indemnity provided for by

section 1619 of the Civil Code of Quebec as of November 30 th , 2010, plus the judicial fees in the amount of

176$. __________________________________ SUZANNE VADBONCOEUR, J.C.Q. Date of hearing : April 10th, 2012