2015 QCCQ 6438, 2015 QCCQ 6438

Société en commandite Gaz Métro c. IC Déjeuner Plus inc. 2015 QCCQ 6438 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N° : 500-32-134822-123 DATE : July 7, 2015 ______________________________________________________________________ PRESIDED OVER BY THE HONORABLE DANIEL DORTÉLUS ______________________________________________________________________ SOCIÉTÉ EN COMMANDITE GAZ MÉTRO Plaintiff v.

IC DÉJEUNER PLUS INC. -and- INDY CHITYAL Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The plaintiff « Gaz Métro » claims to defendants the sum of $ 1 996.49, representing the outstanding balance of supply of natural gas bills. [ 2 ] The defendant, IC Déjeuner Plus Inc., incorporated under the

Canada Business Corporations Act is dissolved on February 15, 2012. Consequently, that society, which no longer exists, does not have a legal identity to be a party in any legal proceedings. The action brought against IC Déjeuner Plus Inc., becomes irrelevant. [ 3 ] GIVEN that the defendant, Mr.

Indy Chityal, have signed a suretyship which indicates : « The surty hereby engages itself, jointly and severally with the customer, to fulfill all the obligations past, present or future contracted by the customer towards the Partnership or that might be contracted within a period of 36 months from the date hereinafter mentioned, in particular as regards to the payment of the invoices for natural gas or for other services having to be paid by the customer to the Partnership. » [ 4 ] CONSIDERING that Plaintiff have not succeeded to demonstrate by preponderance of proof his contention, that the suretyship was valid only for a period of six (6) months; [ 5 ] CONSIDERING the proof presented by Gaz Métro supports that IC Dejeuner Plus Inc. failed to pay the sum of$ 1 996.49 and that the codefendant, Mr.

Indy Chityal, is responsible to pay that sum according the suretyship; [ 6 ] GIVING that Mr. Chityal have not presented a valid ground of contestation; [ 7 ] FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the claim; [ 9 ] CONDEMNS the defendant, Mr. Indy Chityal, to pay to Plaintiff, Société en Commandite Gaz Métro, the sum of $ 1 996.49 with interest at the legal rate of 5 % per year, plus the additional indemnity under

article 1619 of the Quebec Civil Code from June 19, 2012 and the court fees of $ 60.50 __________________________________ DANIEL DORTÉLUS, J.C.Q. Date of hearing: June 29, 2015