2014 QCCQ 11625, 2014 QCCQ 11625
Opinion
Duchesne c. Gelter 2014 QCCQ 11625 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ROUYN-NORANDA N o : 600-22-002224-146 DATE : November 7, 2014 PRESIDED BY: THE HONOURABLE JOSÉE BÉLANGER, C.J.Q. RONALD DUCHESNE , domiciled and residing at […] in Rouyn-Noranda, district of Rouyn-Noranda, province of Quebec, […] ; Plaintiff v. STEPHEN GELTER AND COLETTE BEAUDOIN , domiciled and residing at […] in Vernon, province of British Columbia, […] ; Defendants JUDGEMENT [ 1 ] SEEING the motion to institute proceedings; [ 2 ] SEEING the defendants’ failure to appear; [ 3 ] SEEING the proof and exhibits provided in the file; [ 4 ] CONSIDERING that the request is justified;
[ 5 ] FOR THESE REASONS, THE COURT: [ 6 ] ACCEPT the present request; [ 7 ] DECLARE the sales contract for the 2006 recreational vehicle Sportscoach as null; [ 8 ] ORDER the defendants, jointly and severally, to pay the plaintiff an amount of $ 50 000, plus interests at the legal rate and the additional compensation provided in accordance with
article 1619 of the Quebec Civil Code , as of January 1 st , 2013; [ 9 ] ORDER the defendants to pay the plaintiff an amount of $ 5 000 for damages and disturbances, plus interests at the legal rate and the additional compensation provided in accordance with
article 1619 of the Quebec Civil Code , as of the date of the notification of the motion to institute proceedings; [ 10 ] ORDER the defendants to provide all of the plaintiff’s and his wife’s personal belongings, according to exhibit P-3, within thirty (30) days of the judgement to be rendered or, if not, ORDER the defendants to pay the plaintiff the equivalent amount of $ 1 866.30 for incurred loss, plus interests at the legal rate and the additional compensation provided in accordance with
article 1619 of the Quebec Civil Code , as of the present notification date; [ 11 ] THE WHOLE WITH COSTS . ___________________________________ JOSÉE BÉLANGER, C.J.Q. LAROUCHE.ETHIER Plaintiff’s Counsel Mr. Stephen Gelter Mrs. Colette Beaudoin Defendants
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