2017 QCCQ 13210, 2017 QCCQ 13210

Lee (Jong Wah Imprimante) c. Commerce international Canada Oriental inc. 2017 QCCQ 13210 COURT OF QUÉBEC (Small Claims Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-153620-168 DATE: November 14, 2017 ______________________________________________________________________ BEFORE THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ Git wah lee, doing business under the name of JONG WAH IMPRIMANTE Plaintiff v.

Commerce international Canada Oriental inc. - and - LI DONG FANG Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr. Git Wah Lee, who runs a graphic design and printing business under the names of Jong Wah Imprimante and Jong Wah Digital Printing, has filed a claim against Commerce International Canada Oriental Inc. (“ CICO ”) and its principal, Mr. Li Dong Fang, on account of unpaid graphic design and printing services.

He claims $1,079.70, which includes the unpaid balance of the agreed price ($679.70), administrative fees for returned cheques ($50) and compensation for the time spent preparing the claim ($400). [ 2 ] Defendants refuse to pay on the basis, essentially, that Plaintiff allegedly attempted to cheat them. FACTUAL CONTEXT [ 3 ] In June 2016, CICO, through Mr. Li, retained Plaintiff’s services to print, from a PDF file that he provided, 50,000 flyers and 10,000 posters to be used as advertising for a natural skin care product.

A deposit of $700 was made towards the cost of the services. [ 4 ] The flyers were printed and paid for and are not at issue in these proceedings, which concern only the printing of the posters. [ 5 ] On June 14, 2016, Mr. Li picked up the printed posters [1] and, apparently satisfied, remitted a cheque to pay the balance of the amount due. Later in the day, however, he ordered a “stop payment” on the cheque after looking more closely at the posters. [2] [ 6 ] On June 16, 2016, Mr. Li went back to Plaintiff’s store to discuss the issue. After Mr.

Li explained that he didn’t like certain colours on the poster, Plaintiff offered to make changes to the PDF file and to reprint the 10,000 posters from the improved file, for a price of $1,200 (plus applicable taxes). [3] Mr. Li accepted and confirmed the order on June 22, 2016. He later approved a proof of the poster, allowing the order to be sent to printing. [ 7 ] On July 6, 2016, Mr. Li was advised by Ms. Anh Chau, an employee of Plaintiff, that the printed posters were ready, but that a certified cheque of $679.70 representing the balance due was required at pick up. Mr.

Li went to the store on July 10, 2016 without a certified cheque and Plaintiff refused to give him the posters. He came back again on July 14, 2016, still without a certified cheque. Ms. Chau eventually accepted to remit the posters to Mr. Li in exchange for an uncertified cheque of $679.70, together with his signed undertaking that said cheque would be honoured when presented for payment. [ 8 ] Plaintiff deposited the cheque three days later, but it was returned after Mr.

Li gave his bank another “stop payment” order on it. [4] [ 9 ] Later in July 2016, Plaintiff formally sought payment of the balance due no later than August 6, 2016. [5] Mr. Li responded on July 24, 2016 that he would not pay. Plaintiff filed his claim on August 9, 2016. ANALYSIS

a) Is Plaintiff entitled to the amounts claimed? [ 10 ] Plaintiff has proven that he is entitled to payment of the outstanding balance of the agreed price, namely $679.70. [6] [ 11 ] Indeed, Mr. Li himself admitted, in response to questions from the Court, that CICO agreed to pay $1,200 (plus applicable taxes) to Plaintiff to modify certain colors on the PDF file and to print 10 000 copies of the poster.

He also admitted that Plaintiff had printed the 10 000 posters from the modified PDF file as agreed, [7] that he took delivery of this second set of posters and that he was satisfied with them. [ 12 ] Although he stated repeatedly that Plaintiff attempted to cheat CICO, Mr. Li was unable to substantiate this allegation or to set

out a valid legal ground justifying CICO’s refusal to pay the balance of the agreed price ($679.70). [ 13 ] Plaintiff is therefore entitled to payment of this amount of $679.70. He is also entitled to compensation for the fees of $14.00 charged by the bank for the “stop payment” orders on the two returned cheques, [8] but not to the administration fee of $25.00 per returned cheque, as there is no evidence of CICO’s acceptance of such fees. [ 14 ] His request for compensation for the time spent preparing his claim must also be dismissed.

Barring an exceptional situation, a party who freely decides to assert his or her rights before a Court of law cannot obtain compensation for time spent doing so.

b) Is Mr. Li personally liable towards Plaintiff? [ 15 ] Although CICO is clearly responsible for payment of the above-mentioned amount of $693.70 as it retained Plaintiff’s services, [9] Plaintiff has not demonstrated that Mr. Li is personal liable. [ 16 ] CICO is a corporation and Mr. Li is its shareholder and director. Shareholders and directors are not usually held personally responsible for the debts and obligations of a corporation. Nothing in the evidence heard by the Court justifies holding Mr. Li personally responsible. [ 17 ] The claim must therefore be dismissed as far as he is concerned.

FOR THESE REASONS, THE COURT: GRANTS the action in part; CONDEMNS Commerce International Canada Oriental Inc. to pay to Git Wah Lee, doing business under the names of Jong Wah Imprimante and Jong Wah Digital Printing, an amount of $693.70, together with interest at the legal rate and the additional indemnity provided by law from July 24, 2016; [10] WITH LEGAL COSTS of $150 representing the judicial fees paid on the filing of the Claim. __________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: October 24, 2017