2015 QCCQ 13150, 2015 QCCQ 13150

Innvue inc. c. Weigh West Marine Resort Inc. 2015 QCCQ 13150 COUR DU QUÉBEC « Division de Pratique » CANADA PROVINCE DE QUÉBEC DISTRICT DE QUÉBEC LOCALITÉ DE QUÉBEC « Chambre civile » N° : 200-22-075336-156 DATE : December 15, 2015 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE L’HONORABLE DANIEL BOURGEOIS, J.C.Q. ______________________________________________________________________ Innvue inc. Plaintiff c.

Weigh west marine resort incorporated Defendant ______________________________________________________________________ JUdGMENT by default ______________________________________________________________________ [ 1 ] Whereas the Plaintiff has filed a motion to institute proceeding against the Defendant on May 12, 2015; [ 2 ] Whereas Plaintiff claims an amount of $ 36,713.25, being a penalty stipulated in a Service Agreement entered into between the parties on November 3, 2010; [ 3 ] Whereas Defendant has filed a written appearance on June 10, 2015, through their then attorney Verreau Dufresne, advocates s.e.n.c.; [ 4 ] Whereas the said attorney has ceased to represent the Defendant on September 23, 2015, as more fully appears from the Court registry; [ 5 ] Whereas a new attorney Cox Taylor (c/o Mrs Emily H.

S. Skey) has filed an ‘’answer to the action’’ on September 24, 2015 and an ‘’appearance’’ on October 19, 2015‘; [ 6 ] Whereas the said attorney Mrs Emily H. S. Skey, is not authorized to act in the Province of Quebec, as she is not registered legally with the ‘’Barreau du Québec’’ (Quebec Bar); [ 7 ] Whereas lawyers for the Plaintiff has, on numerous occasions and despite the foregoing, discussed this matter with Mrs Emily H. S.

Skey in the hope of reaching an out of Court settlement; [ 8 ] Whereas lawyers for the Plaintiff has advised Mrs Skey that failing an agreement, and failing a proper appearance, the Plaintiff will have no choice but to continue their proceedings by ‘’ an inscription by default ‘’; [ 9 ] Whereas the Defendant has ignored these advises and has not responded; [ 10 ] Whereas the Plaintiff has filed documents and an affidavit in support of their claim.

Now, by these reasons, the tribunal : Grants the Plaintiff’s motion; Condemn the Defendant, Weich West Marine Resort incorporated, to pay to the Plaintiff, Innvue inc. $ 36,713.25 plus interest and special indemnity provided for under

section 1619 of the Civil Code of Quebec as August 11, 2014; The whole with costs.

__________________________________ DANIEL BOURGEOIS, J.C.Q. Me Lisa Savoie Tassé Bertrand, avocats Casier # 7 Layers of Plaintiff Me Emily H. S. Skey Cox Taylor – Barristers, Solicitors Notaries 26, Bastion square, Third Floor Victoria, BC V8W 1H9 Weigh Marine Resort Incorporated 634, Campbell st Tofino (British Columbia) V0R 2Z0 Date d’audience : December 10, 2015