2013 QCCQ 17194, 2013 QCCQ 17194
Opinion
Rick Goldsmith Ltd. c. 9192-7228 Québec inc. 2013 QCCQ 17194 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-22-199442-131 DATE: October 17, 2013 ______________________________________________________________________ BY THE HONOURABLE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ RICK GOLDSMITH LTD. Plaintiff v. 9192-7228 QUÉBEC INC.
Defendant ______________________________________________________________________ JUDGMENT RENDERED ORALLY ______________________________________________________________________ [ 1 ] The Court renders judgment orally in the absence of the Defendant 9192-7228 Québec Inc. who, although duly called, failed to appear in Court. [ 2 ] Plaintiff is a corporation based in British Columbia whose primary business is the sale and repairs of jewelry. [ 3 ] Defendant is a corporation duly registered under the laws of the Province of Quebec doing business under the name of Northern Creations. [ 4 ] Mrs.
Yue Jiao Chen, representative of the Plaintiff testified that Plaintiff's corporation did business and supplied the Defendant with finished and unfinished jewelry, gemstones and precious metals, in 2010 and 2011. [ 5 ] Plaintiff issued invoices to the Defendant totaling an amount of $110,299.36. On this amount, the Defendant paid $40,648.10, leaving an unpaid balance of $69,651.26, as appears from exhibit P-3. [ 6 ] Although requested to pay the balance, Defendant failed to issue any payment in relation with these invoices. [ 7 ] Considering the testimony of Mrs.
Yue Jiao Chen, the exhibits produced and the proof presented in Court. FOR THESE REASONS, THE COURT: GRANTS the present Motion; CONDEMNS Defendant 9192-7228 Québec Inc. to pay to Plaintiff Rick Goldsmith Ltd. the amount of $69,651.26 plus interest at the legal rate and the special indemnity provided for by
section 1619 of the Civil Code of the Province of Quebec as of the date of the letter of demand of November 13, 2012; THE WHOLE WITH costs. __________________________________ MARIE MICHELLE LAVIGNE, J.C.Q Me Jeffrey Dalfen LegalLogik Attorney for Plaintiff Date of hearing: October 17, 2013
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