Executive Summary: Key Legal and Evidentiary Issues

• The plaintiff sought recovery of a debt from the defendant through an amended introductory application.
   
• Judgment was rendered by default because the defendant failed to respond to the summons and did not contest the claim.
   
• Evidence supporting the claim included exhibits filed in the record and a sworn statement from the plaintiff's general manager.
   
• No defence or opposing evidence was presented, leaving the plaintiff's allegations unchallenged.
   
• Additional indemnity under article 1619 of the Civil Code of Québec was claimed on top of the principal sum and legal interest.
   
• Legal costs were sought alongside the monetary award.
   

Facts of the case

Toyota Gatineau brought an amended introductory application against Carstar Gatineau Centre to recover a debt. The defendant did not respond to the summons and did not contest the claim. Toyota Gatineau applied for entry of default judgment. The record included exhibits and a sworn statement from Charles Montmigny, General Manager of Toyota Gatineau, along with representations made by Toyota Gatineau's counsel, Me Anthony Robert.

Policy and legislative provisions at issue

The judgment applies article 1619 of the Civil Code of Québec, which allowed the court to add an additional indemnity to the sum owed, calculated from the date the application was served. No other legislative provisions or contractual clauses are identified in the decision.

Reasoning and analysis

The court based its decision on Carstar Gatineau Centre's failure to respond to the summons and its absence of any contestation. Considering the exhibits filed and Charles Montmigny's sworn statement, along with counsel's representations, the court found that Toyota Gatineau established the merits of the essential allegations in its application. No opposing evidence or defence was before the court.

Ruling and overall outcome

The court granted Toyota Gatineau's amended introductory application. Carstar Gatineau Centre was ordered to pay Toyota Gatineau $59,040.06, plus interest at the legal rate and the additional indemnity under article 1619 of the Civil Code of Québec, running from March 31, 2026, the date the application was served. The court also ordered Carstar Gatineau Centre to pay legal costs, the amount of which is not specified in the decision.