Gestetner (Lazer Express Transport) c. Solution recyclage Omega inc. 2014 QCCQ 97 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-133287-120 DATE: JANUARY 16, 2014 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MARTINE L. TREMBLAY, J.C.Q. ______________________________________________________________________ ARI LAZER GESTETNER, doing business as LAZER EXPRESS TRANSPORT Plaintiff v. SOLUTIONS RECYCLAGE OMEGA INC. and MARATEK ENVIRONMENTAL INC.

Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims $2,858.62 from defendants, solidarily, plus interest at the annual rate of 7 %, and the additional indemnity provided for by

article 1619 of the Civil Code of Québec ( C.C.Q .) as of September 8, 2011, for transportation services rendered from August 13, 2010 to March 18, 2011. [ 2 ] Defendants were duly advised of the hearing date and were absent at the call of the role as well as at 9:57 a.m. when the hearing started. [ 3 ] On May 11, 2012, defendant Solutions Recyclage Omega inc. made the following judicial admission in its contestation: “ We do not contest, we do owe the money but cannot pay .” [ 4 ] Plaintiff's representative has testified and filed the documentary evidence supporting the claim, except that the interest rate must be determined in accordance with the rules set forth in articles 1617 and 1619 C.c.Q .

FOR THOSE REASONS, THE COURT: [ 5 ] CONDEMNS defendants, solidarily, to pay plaintiff $2,858.62, plus interest at the annual rate of 7 %, as of September 8, 2011; [ 6 ] CONDEMNS d efendants, solidarily, to pay plaintiff the judicial fees of $103.00. ________________________________ MARTINE L. TREMBLAY, J.C.Q. Date of hearing: January 14, 2014