2019 QCCQ 7511, 2019 QCCQ 7511

9093-8572 Québec inc. c. André Vachon inc. 2019 QCCQ 7511 JG2338 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS LOCALITY OF SALABERRY-DE-VALLEYFIELD Civil Division No: 760-32-018571-192 DATE: November 27, 2019 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE CÉLINE GERVAIS, J.Q.C. ______________________________________________________________________ 9093-8572 QUEBEC INC. Plaintiff v. ANDRÉ VACHON INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On January 28, 2019, 9093-8572 Quebec inc. (9093-8572) opened a file to claim from André Vachon inc. an amount of $ 7 948.21, representing unpaid driver’s services from October 28 to December 16, 2018. [ 2 ] This demand was sent by certified mail and received on February 5, 2019. [ 3 ] As no contestation was filed by André Vachon inc., judgment was rendered by default on March 18, 2019, granting 9093- 8572’s claim for $ 7 948.21 plus interests, additional indemnity and fees. [ 4 ] On April 15, 2019, an application for revocation of a judgment was filed by André Vachon inc., alleging that they learned of the judgment on April 12, 2019.

His president, Mr. Vyacheslav Vinogradov alleges that he had numerous health problems, starting from a surgery done on January 15, 2019, and multiple hospital visits thereafter. He adds that he was taking painkiller drugs. [ 5 ] A decision on the admissibility of the application for revocation of a judgment was rendered on May 2, 2019, by Mr.

Justice Montpetit who indicated that the grounds alleged in support of the application for revocation appear sufficient, but that the representant of the defendant will have to provide written confirmation of his incapacity caused by medication and medical condition. [ 6 ] At the hearing, Mr. Vinogradov explained that the demand was indeed received on February 5, 2019, and that he had started preparing his contestation the very next day, as he could show the Court some printouts of documents bearing the date of February 6, 2019. [ 7 ] Mr.

Vinogradov filed as exhibit D-5, copy of prescription receipts showing medication that was prescribed to him for his mouth surgery on January 15, 2019. Obviously, he had recovered sufficiently at the beginning of February to be able to start preparing his contestation. [ 8 ] The other documents filed as D-4 and D-5 are copies of prescriptions dated March 3, showing that he was prescribed muscle relaxant, analgesic, narcotic pain reliever and painkiller. [ 9 ] He explained that in between, he was often working home as he was not feeling well.

The Court asked if he could ask another employee to take care of this file and he answered that the dispatcher was on maternity leave and that she was working from home. They were both communicating over the phone. [ 10 ] When he rendered his decision, Mr. Justice Montpetit made it clear that defendant would have to file written confirmation of his incapacity caused by medication and medical condition. No document from a doctor were filed, except for the photocopies of the prescriptions.

[ 11 ] André Vachon’s delay to file their contestation was of 20 days, as per

Section 546 of the Code of civil procedure . As the demand was received on February 5, 2019, it meant that André Vachon should have filed its contestation before February 25, 2019. [ 12 ] Maybe Mr. Vinogradov was not feeling well during the month of February, but his main ground for contestation is that he was taking painkillers; the proof shows that the medication started after his delay to file the contestation has expired. [ 13 ] Moreover, in his contestation, André Vachon recognize that they owe 9093-8572 Quebec inc. an amount of $ 5 850.19.

The contestation also alleges that 9093-8572 Quebec inc. was to be paid only 90 days after the end of the contract, which delay was obviously expired by the time the contestation was filed. [ 14 ] André Vachon also filed a cross-demand for $ 1 500 for damages that were caused to a certain Denny O’Breham. Judgment was rendered in favor of Mr. O’Breham on June 12, 2019, for the amount of $ 591.70 against André Vachon inc., and Mr.

Igor Mirontsuk, 9093-8572 Quebec inc.’s officer. [ 15 ] This contestation does not show serious grounds of defense. [ 16 ] For all those reasons, the application for revocation is dismissed. FOR ALL THOSE REASONS, THE COURT: DISMISS the application for revocation of judgment; WITHOUT legal fees. __________________________________ CÉLINE GERVAIS, J.Q.C.