2014 QCCQ 4233, 2014 QCCQ 4233

9155-5367 Québec inc. (Tabagie St-Jacques) c. Words Movie (Montréal) Inc. 2014 QCCQ 4233 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-129175-115 DATE: May 12, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ 9155-5367 Québec Inc., doing business under the firm and style name of "Tabagie St-Jacques" 240 Saint-Jacques Street Montréal, Québec H2Y 1L9 Plaintiff v.

THE WORDS MOVIE (MONTRÉAL) INC. 914 Hauser Boulevard Los Angeles, California 90036 USA Defendant ______________________________________________________________________ JUDGMENT RENDERED from the BENCH on DEFENDANT'S MOTIONS for POSTPONEMENT and REVOCATION of JUDGMENT ______________________________________________________________________ [ 1 ] On September 5, 2013, judgment was rendered in this matter against Defendant, who was ordered to pay plaintiff $400.00 in damages (plus interest and additional indemnity). [ 2 ] During the month of October, 2013, plaintiff attempted to execute said judgment. [ 3 ] On February 5, 2014, defendant filed an application for revocation of judgment, which was deemed admissible, on February 25, 2014. [ 4 ] On April 2, 2014, the parties were summoned to appear on May 12, 2014, for a new hearing to dispose of both the application for revocation and the merits of the case if need be. [ 5 ] On April 24, 2014, defendant advised that it would be unable to attend the hearing, and, in fact, did not attend, despite have been advised, in writing, on April 29, 2014, by the Court Clerk, that any motion for postponement would have to be presented to the presiding Judge, on May 12 th , 2014, given plaintiff's opposition thereto.

[ 6 ] The reasons given in defendant's letter to not attend the hearing are insufficient. If representative "Michel St. Arnaud" was not available, it was incumbent upon defendant to find another representative. As is stated in

article 4.2 of the Code of Civil Procedure : " 4.2. In any proceeding, the parties must ensure that the proceedings they choose are proportionate, in terms of the costs and time required, to the nature and ultimate purpose of the action or application and to the complexity of the dispute; the same applies to proceedings authorized or ordered by the judge." [ 7 ] The motion for postponement is therefore denied, as is defendant's motion for revocation of judgment. WHEREFORE THE COURT HEREBY: DISMISSES defendant's motions for postponement and for revocation of judgment, with costs. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: May 12, 2014