2017 QCCQ 11282, 2017 QCCQ 11282

Excalibur Sports Industries Inc. c. Raja 2017 QCCQ 11282 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-148587-159 DATE: September 7 th , 2017 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.C.Q. ______________________________________________________________________ EXCALIBUR SPORTS INDUSTRIES INC. Plaintiff v.

MUMTAZ RAJA Defendant ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVOCATION OF JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized with an application for revocation of the judgment rendered on May 23, 2017 dismissing another application for revocation of a judgment by default rendered on January 21, 2017. [ 2 ] On the application for revocation of judgment, Defendant states the following: “I never recieve the time of court, I only recieve one letter to appear on May 23 2017 with no indication what time so I appear at 13h30 at the time shown on the paper I get last time.” (sic) [ 3 ] The evidence adduced at trial has revealed that Defendant received a notice of hearing advising him of the hearing to take place on May 23, 2017 at 9h00 in room 14.12.

This notice was sent to Defendant by the Court on March 29, 2017. [ 4 ] According to Defendant, the notice that he received did not indicate the time of the hearing set for May 23, 2017 so he came to Court at 1:30 p.m. which was the time indicated for a hearing that was to take place on February 27, 2017. This latter hearing was postponed at his request. [ 5 ] The testimony of Ali Raja, Defendant’s son, is to the effect that the notice dated March 29, 2017 indicating the date, time and place of the hearing sent to Defendant by the Court, was received by said Defendant subsequently to May 23, 2017.

This is unlikely. [ 6 ] In fact, the preponderance of the evidence leads the Court to conclude that Defendant did not appear in Court on May 23, 2017 through negligence on his

part inasmuch as he did not read the contents of the hearing notice dated March 29, 2017 that was sent to him and which clearly indicated the date, time and place of the said hearing nor did he take the appropriate steps to find out the time and place of the hearing of May 23, 2017 if, as he contends, this information was missing. [ 7 ] This being said, the negligence of the Defendant does not justify the revocation of the judgment sought by him. [ 8 ] Consequently, for the foregoing reasons and for the reasons given orally.

THE COURT: DISMISSES Defendant’s application in revocation of the judgment rendered on May 23, 2017 without costs. __________________________________ ARMANDO AZNAR, J.C.Q.

Date of hearing: September 7, 2017