Sparrow Electronics Inc. c. Payworks Inc. 2013 QCCQ 15264 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-130611-116 DATE: December 10, 2013 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ SPARROW ELECTRONICS INC. Plaintiff v. PAYWORKS INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING that the Services Pricing Agreement, intervened between the parties on October 13, 2010, stipulates at clause 9.3 that it “shall be construed, interpreted and enforced in accordance with the laws of Manitoba”; [ 2 ] CONSIDERING that no evidence was presented to establish the laws of Manitoba, which are not of judicial knowledge for a judge of the province of Quebec; [ 3 ] CONSIDERING also the letter dated September 21, 2011 from Payworks Inc. to Sparrow Electronics Inc., enclosing a cheque in the amount of $187.63 with the mention: “in full and final settlement of all matters related to Mr.

Stanila”; [ 4 ] CONSIDERING that this cheque was cashed at the end of September 2011, without protest or reserve; [ 5 ] CONSIDERING that the cashing of this cheque constitute an admission that the amount of $187.63 is paid in full and final settlement of this case; [ 6 ] CONSIDERING that the representative of Payworks Inc. accept to renounce to the judicial fees of $165; THEREFORE, the Court: DISMISSES Sparrow Electronics Inc.'s application; THE WHOLE , each party paying its own costs. __________________________________ Henri Richard, J.C.Q. Date of hearing: December 10, 2013