Case Overview:

• Issue: Defendant, Nicolas Roberti, seeks dismissal of the claim, arguing the Plaintiff, Coldwell Banker Commercial Alliance Inc., failed to serve the initiating document (DII) within three months as required by Article 494 of the Quebec Code of Civil Procedure (CPC).

Key Facts:

1. The DII was filed on April 4, 2024.
2. Initial attempts to serve the DII at a Montreal address failed; Defendant was confirmed to reside in Portugal.
3. On April 9, 2024, the Court approved a special service method allowing delivery via Brian Stein (contact at Defendant's known address in Montreal).
4. The DII was served on April 10, 2024, in accordance with this special method.
5. Defendant claimed Plaintiff failed to apply international service rules under the Hague Service Convention, alleging Plaintiff knew Defendant's exact address in Portugal.

Court’s Analysis:

• The Hague Service Convention applies only if the recipient’s address abroad is known. Here, the Defendant did not prove the Plaintiff knew his exact address in Portugal.
• Plaintiff’s adherence to the Quebec service rules, including Article 112 CPC for unknown addresses, was deemed proper.
• The Defendant's failure to appeal the April 9 service order solidified its validity.

Decision:

1. Defendant's motion to dismiss: Denied.
2. Deadlines Adjusted: Court extended deadlines for Defendant’s filings and suspended procedural timelines until December 19, 2024.
3. Further Actions: The Court ordered a case management conference after December 19 to discuss settlement or case preparation.

No monetary award or damages granted.