Key Issues

1. Claim by SLG

   • SLG Investissements Inc. ("SLG") sought $62,917.37 from Groupe for unpaid rent and damages.
   • Requested termination of a commercial lease (January 25, 2019) and eviction of occupants.

2. Initial Agreement (October 5, 2023)

   • Defendants, Groupe Black & Tough Inc. ("Groupe"), Blaise Nzetchoang Nguewo, Monique Tatiana Koko Edimengo, agreed to vacate premises by October 9, 2023.
   • SLG reserved its rights regarding unpaid rent and damages.

3. Default Judgment (February 27, 2024)

   • Lease terminated, eviction ordered.
   • Groupe was ordered to pay $27,819 plus interest.
   • No judgment was issued against the two individual defendants.

Legal Proceedings

1. Request for Retractation of Judgment (By Defendants)

• Filed: October 30, 2024 (more than 6 months after the judgment).
• Legal Basis: Articles 346 & 347 of the Code of Civil Procedure (CCP) – allows retractation if the defendant was unable to defend due to fraud, surprise, or a justified cause.
• Court Ruling: Rejected because it was filed beyond the six-month deadline.
• Reasoning:
  • Groupe was aware of the legal proceedings.
  • Their inaction and failure to respond earlier were deemed negligence, not a valid excuse.

2. Request for Rectification of Judgment (By SLG)

• Filed: October 10, 2024
• Legal Basis: Article 338 CCP – allows correction of clerical or calculation errors.
• Court Ruling: Redirected to Special Clerk Me Valérie Tellier who issued the original decision.
• Reasoning:
  • The request must be reviewed by the original decision-maker.

Final Court Orders

• Retractation request denied (defendants must comply with the judgment).
• Rectification request redirected to the original special clerk for review.
• Costs awarded to SLG for the retractation request.