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GFL Environmental Inc. v. 9172-7743 Québec inc.

Context:

  • Parties Involved:
    • Plaintiff: GFL Environmental Inc., operating as "Matrec."
    • Defendants: 9172-7743 Québec Inc., 9243-9488 Québec Inc., and Halte St-Mathieu de Beloeil Inc.
  • Issue: The defendants defaulted on paying for waste management services provided by the plaintiff under contracts. Judgments were issued against 9172-7743 and 9243-9488 for $71,755.27 and $35,965.41, respectively, with interest and legal fees. Halte faced a claim of $30,940.70 but contested.

Key Legal Proceedings:

  1. Judgments by Default: Issued due to defendants’ failure to respond to claims properly.
  2. Motion for Retrial: Defendants argued for the judgments to be retracted due to errors by their representative (Agata Libertella), attributed to health issues and procedural confusion.
  3. Health Factors: Libertella presented evidence of chronic health issues that impaired her ability to manage the businesses and legal matters effectively.
  4. Legal Principles:
    • Retracting default judgments requires meeting criteria: timely filing, reasonable grounds, and a prima facie defense.
    • Courts balance judgment stability with ensuring fairness when a party has substantive defenses but made procedural errors.

Court Decisions:

  • The retraction motions for 9172-7743 and 9243-9488 were accepted, suspending the judgments and allowing the original claims to proceed.
  • Halte St-Mathieu was excused for missing its deadlines and permitted to contest the claim fully.

Next Steps Ordered:

  • All defendants to file responses within set timelines.
  • The cases are to be managed jointly in a conference to ensure efficient resolution.
  • Costs are waived for both parties at this stage.
GFL ENVIRONMENTAL INC.,
Law Firm / Organization
Prévost Fortin D'Aoust
Lawyer(s)

Elizabeth Cullen

9172-7743 QUEBEC INC .
Law Firm / Organization
MSB & associés sencrl
Lawyer(s)

Dominic Bianco

9243-9488 QUEBEC INC.
Law Firm / Organization
MSB & associés sencrl
Lawyer(s)

Dominic Bianco

ST-MATHIEU DE BELOEIL STOP INC.
Law Firm / Organization
MSB & associés sencrl
Lawyer(s)

Dominic Bianco

Court of Quebec
505-22-032550-230; 505-22-032558-233; 505-22-032525-232
Corporate & commercial law
$ 138,661
Defendant