Scalera c. Joy Textiles Co. Ltd./Compagnie textiles Joie ltée 2011 QCCQ 11166 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-121955-100 DATE: September 21, 2011 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ DOMINIC SCALERA […], Mtl., Qc., […] Plaintiff v. JOY TEXTILES CO. LTD./LA COMPAGNIE TEXTILES JOIE LTÉE 201-5333 av.

Casgrain, Mtl, Qc., H2T 1X3 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court, after examining the procedures, evidence and deliberating, renders judgment as follows: [ 2 ] Considering that Dominic Scalera has sued Joy Textiles for $1,291, alleging that one of its employees damaged his car. [ 3 ] Considering that judgement was rendered on May 26, 2011, condemning Joy Textiles to pay Dominic Scalera the sum of $1291 with interest at the rate of 5% per year and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec , since March 11, 2010, plus judicial fees of $99. [ 4 ] Considering that Joy Textiles presented a motion for revocation of judgment on June 15, 2011; [ 5 ] Considering that by judgment rendered on June 16, 2011, the motion was received; [ 6 ] Considering that the hearing was re-scheduled for September 13, 2011; [ 7 ] Considering that Dominic Scalera has come to Court on three occasions to present his case; [ 8 ] Considering that Joy Textiles failed to appear at the hearing; [ 9 ] Considering the absence of any evidence as to the merits of Joy Textile's motion for revocation of judgment; FOR THESE REASONS, THE COURT: DISMISSES the motion for revocation of judgment presented by Defendant, Joy Textiles Co.

Ltd./La compagnie Textiles Joie Ltée; DECLARES that the judgment rendered on May 26, 2011, remains in effect such that Joy Textiles whose corporate name is Joy Textiles Co. Ltd./La Compagnie Textiles Joie Ltée is condemned to pay Dominic Scalera the sum of $1 291 with interest at the rate of 5% per year and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec , since March 11, 2010, plus judicial fees of $99.

__________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: September 13, 2011