2016 QCCQ 8942, 2016 QCCQ 8942

Spruceholme Inn c. Charette 2016 QCCQ 8942 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF PONTIAC TOWN OF CAMPBELL'S BAY Civil Division No: 555-32-000027-165 DATE: August 29 th , 2016 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN ______________________________________________________________________ Spruceholme Inn Plaintiff v.

Terry Charette and Rebecca Denault Charette Defendants ______________________________________________________________________ JUDGMENT Rendered orally at the hearing and edited ______________________________________________________________________ [ 1 ] Spruceholme Inn is suing Mr. and Ms. Charette for non payment of food and beverages served on the night of their wedding celebration. [ 2 ] Mr. and Ms.

Charette did not contest the demand and the Court proceeded by default. [ 3 ] The Court has to decide if the claim is well founded and if so, the amount due to the plaintiff. [ 4 ] On April 13 th , 2015, the parties signed a contract for which Spruceholme Inn had to serve the defendants weeding guests. The defendants gave a security deposit of $1 000 on a total invoice of $1 948,08 leaving an outstanding balance of $948,08. [ 5 ] Spruceholme Inn demonstrated, beyond the balance of probabilities, all the constituent elements sufficient to discharge their burden of proof.

FOR THOSE GROUNDS, THE COURT: [ 6 ] GRANT the motion; [ 7 ] CONDEM the defendants, jointly and severally, to pay to the plaintiff the sum $948,08 with interests at the legal rate and the additional indemnity provided by

section 1619 of the Civil code of Québec starting November 18 th , 2015 and the Court fees of $100. __________________________________ SERGE LAURIN, JCQ Date of hearing: August 19 th , 2016