2014 QCCQ 2128, 2014 QCCQ 2128

Transport Armen inc. c. 6245820 Canada inc. (GT Intermodal) 2014 QCCQ 2128 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-134275-124 DATE: March 18, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ TRANSPORT ARMEN INC. 3208 Pierre-Corneille Street Laval, Quebec H7P 5Y5 Plaintiff v. 6245820 CANADA INC. doing business under the firm and style name of G.T.

INTERMODAL 10 000 Maurice-Duplessis Boulevard Montreal, Quebec H1C 2A2 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS plaintiff amended defendant's name in his application; [ 2 ] WHEREAS defendant is in fact 6245820 Canada Inc., doing business under the firm and style name of G.T.

Intermodal; [ 3 ] GIVEN the evidence; [ 4 ] WHEREAS a contract for trucking services intervened between the parties (exhibit P-5); [ 5 ] WHEREAS plaintiff is suing defendant on account for services rendered; [ 6 ] WHEREAS defendant contested the action; but, at trial, admitted that it was in default, and produced 2 cheques in the amounts of $1,025.05 and $744.24 respectively to pay plaintiff's fees (exhibit D-6); [ 7 ] WHEREAS defendant acted in bad faith in withholding payment until the trial (arts. 6, 7 & 1375 Civil Code of Quebec ); [ 8 ] WHEREAS defendant is therefore liable for payment of the interest and legal indemnity on the sum of $1,769.29, September 28, 2012, date of demand letter P-7; [ 9 ] WHEREAS plaintiff is also entitled to his mailing costs in the amount of $20.36 (exhibits P-1 & P-7); [ 10 ] GIVEN plaintiff's admission in its invoice number 0008, dated June 17, 2012 (exhibit D-5), with regards to the $750.00 deduction, defendant is not liable for payment of said amount; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application in part; ACKNOWLEDGES defendant's payment to plaintiff in the amount of $1,769.29; CONDEMNS defendant to pay plaintiff the sum of $20.36, plus legal interest at the legal annual rate of 5% and the additional indemnity

provided for in

article 1619 of the Civil Code of Quebec , on the amount of $1,789.65, from September 28, 2012, plus the judicial fees in the amount of $152. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: February 25, 2014