2015 QCCQ 6753, 2015 QCCQ 6753
Opinion
Singh c. 6988652 Canada inc. 2015 QCCQ 6753 JP2262 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL CIVIL DIVISION No: 500-32-140360-134 DATE: July 13, 2015 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE VINCENZO PIAZZA, j.c.Q. ______________________________________________________________________ JAGDEEP SINGH Plaintiff v. 6988652 CANADA INC. Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr.
Singh is the sole director and shareholder of 7025645 Canada Inc., a duly incorporated company. He personally claims $7,000.00 from the defendant. [ 2 ] It appears from the documentary and testimonial evidence that the trucking services at the basis of Mr. Singh’s claim have been rendered to the defendant by 7025645 Canada Inc., not by Mr. Singh personally. [ 3 ] This fundamental distinction has been explained very clearly by the Court at the outset of the hearing. The Court underlined in no uncertain terms that in law, Mr. Singh and his company are two distinct persons. The action was introduced by Mr.
Singh personally, who claims therein that he is “doing business under the name of 7025645 Canada Inc.” This is a legal impossibility. One does not do business under another person’s name. The Court spelled out to Mr. Singh that he has no legal standing in a claim for a debt owed to his company. [ 4 ] Nonetheless, Mr. Singh persisted and insisted that he was the plaintiff and he declined a clear invitation by the Court to amend his proceedings, which were erroneously introduced in his personal name. [ 5 ] Under the circumstances, the Court has no other option than to dismiss Mr.
Singh’s action. [ 6 ] This, however, should not prevent the introduction of a new recourse by 7025645 Canada Inc., as the facts alleged in support of the claim occurred in April 2013. The claim will thus only become extinct by way of prescription three years after these facts, in 2016 [1] . FOR THE FOREGOING REASONS, THE COURT: DISMISSES the action; CONDEMNS Jagdeep Singh to pay the Court fees of $204.00 to 6988652 Canada Inc. __________________________________ VINCENZO PIAZZA, J.C.Q. Hearing date: July 2 nd , 2015
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