2013 QCCQ 7920, 2013 QCCQ 7920

Johnson c. Ballard 2013 QCCQ 7920 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-32-126928-110 DATE: June 26, 2013 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ DEBRA JOHNSON , […] , Kirkland, QC, […] Plaintiff v.

ELIZABETH ANN BALLARD , […] , Kirkland, and SYNDICAT DES COPROPRIÉTAIRES DE SUMMERHILL PARK, 9 Kirkland Boulevard, Kirkland QC H9H 4B5 and GESTIOR INC. 114-70, De la Barre Street, Longueuil, QC J4K 5J3 Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING that Debra Johnson is claiming damages pursuant to alleged latent defects affecting the immoveable property she purchased from Elizabeth Ann Ballard; [ 2 ] CONSIDERING that theTrial began on April 30, 2013; [ 3 ] CONSIDERING that Mrs Ballard had, in her contestation, demanded that the Syndicat des copropriétaires de Summerhill Park and Gestior Inc. be impleaded as defendants in warranty; [ 4 ] CONSIDERING that at the hearing, Mrs Danielle Macpherson, representative of both Syndicat des copropriétaires de Summerhill Park and Gestior Inc. was advised that both these parties were required to file a contestation and be present on the date of the continuance; [ 5 ] CONSIDERING that on June 11, 2013, date of the continuance of the trial, Mrs Ballard's representative was absent because of a illness; [ 6 ] CONSIDERING that both defendants in warranty were also absent without having filed a contestation; [ 7 ] CONSIDERING that this Trial must be set, as soon as possible to hear the evidence of the defendants in warranty, Syndicat des copropriétaires de Summerhill Park and Gestior Inc.; [ 8 ] CONSIDERING that in order to avoid any further continuance, the Court will set a timetable in this matter.

FOR THESE REASONS, THE COURT: POSTPONES the hearing; REFERS the matter to the Court clerk to fix the continuance date before the undersigned judge; ORDERS that Syndicat des copropriétaires de Summerhill Park and Gestior Inc., be impleaded as defendants in warranty; ORDERS that Syndicat des copropriétaires de Summerhill Park and Gestior Inc. file a contestation as well as the exhibits they intend to use, if they so desire, no later than July 15, 2013;

PERMITS Debra Johnson to request to proceed by default, if Syndicat des copropriétaires de Summerhill Park and Gestior Inc. fail to file a contestation and be present at the date of the continuance; COSTS to follow. __________________________________ Scott Hughes, J.C.Q. Date of hearing: June 11, 2013