Case Overview:

• Primary Issue: Plaintiff, 9355-8740 Québec Inc., sought payment of $53,835.89 for services allegedly provided in personnel leasing. Defendant, SOS Marine Inc., moved to dismiss the claim, alleging procedural deficiencies (failure to produce proof of notification within three months).

Key Points from the Decision:

1. Defendant’s Claim:

   • Argued that failure to produce proof of notification within three months rendered the action perempted under Article 107(3) of the Code of Civil Procedure (C.p.c.).

2. Court Findings:

   • The three-month time limit for proof of notification under Article 107(3) C.p.c. is not mandatory.
   • Notification of the claim did occur; the delay related only to filing the proof of notification.
   • Sanctions for failure to file proof of notification involve restrictions on proceeding with the case, not automatic dismissal.

3. Balancing Considerations:

   • The court emphasized jurisprudence allowing relief for procedural defaults when the party acted diligently, even if their legal representatives erred.
   • No evidence of negligence by the plaintiff’s administrators supported leniency.

4. Outcome:

   • The plaintiff was excused for the procedural default and given 15 days to file proof of notification.
   • Defendant’s motion to dismiss was denied.
   • Parties were instructed to finalize case preparation by May 9, 2025, with a management conference scheduled for May 20, 2025.

5. Costs: No costs awarded.