Bearskin c. Automobiles Carella Inc. 2010 QCCQ 11995 COURT OF QUEBEC “Small Claims Court” CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI TOWN OF CHISASIBI Civil Division No: 640-32-000075-107 DATE: December 21, 2010 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J. C. Q. ______________________________________________________________________ Clifford and Juliet Bearskin Plaintiffs v. AUTOMOBILES CARELLA INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The defendant makes an application in order to have the case transferred to Amos. [ 2 ] There is no legal ground for the action to be heard in Chisasibi. The plaintiff can choose a place where the action is going to be heard amongst the possibilities established by paragraph (1) of

section 958 of the Code of Civil Procedure which states: An action involving a small claim must be brought before the court of the defendant's domicile or last known place of residence, the court of the insured's domicile where the action is brought against an insurer, the court of the place where the cause of action arose or the court of the place where the contract was formed . If the defendant is not domiciled in Québec, the action may also be brought before the court of the defendant's place of residence or establishment in Québec. [ 3 ] The defendant's domicile is in Amos.

The cause of action has arisen in Amos where the sale contract was signed. [ 4 ] Accordingly, the trial must be held in Amos. [ 5 ] For these reasons, the Court : [ 6 ] Orders that this file be transferred to Amos; [ 7 ] Orders the clerk of the court to notify this judgment to the parties; [ 8 ] Without costs. __________________________________ LUCILLE CHABOT, J.Q.C. Date of hearing: December 20, 2010