Éditions Caboose inc. c. Shapco Printing Inc. 2015 QCCQ 12038 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division No: 500-32-143322-149 DATE: November 23, 2015 ______________________________________________________________________ in the presence of : THE HONOURABLE VINCENZO PIAZZA, j.c.q. ______________________________________________________________________ éditions caboose inc. Plaintiff v. shapco printing inc.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Editions Caboose Inc. (“Caboose”) alleges that Shapco Printing Inc. (“Shapco”) invoiced excessive charges amounting to $1,800.00 [1] for products and services which Caboose did not require, receive or agree to, namely, individual shrink wrapping, proofing and freight. [ 2 ] Caboose’s representative testifies that these charges were acquitted under protest, only because Shapco was withholding the shipment of the books it had printed for Caboose.

He further testifies that one of Shapco’s representatives admitted that the charges in dispute were excessive. [ 3 ] This testimony is not contested, as Shapco does not appear at trial. [ 4 ]

Article 1491 of the Civil Code of Quebec states that a person who receives a payment made in error, or merely to avoid injury to the person making it while protesting that he owes nothing, is obliged to restore it. FOR THE FOREGOING REASONS, THE COURT: CONDEMNS Shapco Printing Inc. to pay $1,800.00 to Editions Caboose Inc., with interest at the legal rate, plus the additional indemnity provided by law, to accrue from April 18, 2014; CONDEMNS Shapco Printing Inc. to pay the judicial fees of $151.00 to Editions Caboose Inc. __________________________________ VINCENZO PIAZZA, j.c.q. Hearing date: November 16, 2015