2013 QCCQ 13805, 2013 QCCQ 13805

Liu c. Wang 2013 QCCQ 13805 COUR DU QUÉBEC « Small Claims Court » CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL LOCALITÉ OF MONTRÉAL « Practice Division »

N° : 500-32-129482-115 DATE : October 21, 2013 ______________________________________________________________________ BY THE HONORABLE SYLVIE LACHAPELLE, J.C.Q. ______________________________________________________________________ CHAO JAN LIU -and- JIAN ZHANG -and- ZHOU ZHANG Plaintiffs vs PING WANG Defendant ______________________________________________________________________ ADMISSIBILITY OF THE COUNTER-CLAIM ______________________________________________________________________ [ 1 ] The parties were asked before the Court, on October 9th, 2013, to decide on the admissibility of the counter-claim. [ 2 ] Defendant/cross-claimant's, Mr.

Ping Wang (« Wang ») was not present at the hearing and therefore the Court pronounces as following: [ 3 ] CONSIDERING that the cross-demand is of the amount of $10,080. [ 4 ] CONSIDERING that according to

Article 965.4 of the Code of Civil Procedure [1] to be admissible before the Small Claims Division, a counter-claim should not exceed $7,000 exclusive of interest. [ 5 ] Therefore, Wang has 30 days from the date of that judgment in filing an amended counter-claim. [ 6 ] In the eventuality that Wang does not proceed to reduce the amount of his counter-claim, the counter-claim will be dismissed. __________________________________ SYLVIE LACHAPELLE, J.C.Q. Hearing date : October 21, 2013