2018 QCCQ 282, 2018 QCCQ 282

Lim c. Académie Aéronautique inc. 2018 QCCQ 282 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-153739-166 DATE: January 23, 2018 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI, J.C.Q. ______________________________________________________________________ JIM-SHEUNG LIM Plaintiff v. ACADÉMIE AÉRONAUTIQUE INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Jim-Sheung Lim claims $2,360 from Académie Aéronautique Inc. (Académie Aéronautique) in reimbursement of prepaid flight training classes which she claims she was never able to take. [ 2 ] Académie Aéronautique contested the claim and alleged that Mrs. Lim voluntarily quit the classes and therefore is not entitled to a refund. Moreover, Académie Aéronautique filed a cross claim seeking (i) $2,820 in damages from Mrs.

Lim, representing the balance of the unpaid tuition fees; (ii) $5,000 in damages for defamation; and (iii) an order from this Court enjoining Mrs. Lim to remove a social media review since it claimed it was defamatory. [ 3 ] Although Académie Aéronautique was dully notified of the trial date and called at the trial, it did not attend the trial. Therefore, Mrs.

Lim’s claim proceeded by default and no evidence was offered in support of the Académie Aéronautique’s cross claim. [ 4 ] Accordingly, the portion of Académie Aéronautique’s Cross-claim in which it seeks damages of $2,820 representing the balance of the unpaid tuition fees will be dismissed for want of evidence. [ 5 ] As for the portion of the Cross-Claim which is based on an alleged defamatory review posted by Mrs.

Lim on Google, although the Defendant was not present in Court to present its claim, based on the allegations of the pleading [1] , the Court has no jurisdiction to hear this aspect of claim considering

article 537 of the Code of Civil Procedure . Question in Issue

a) Is Mrs. Lim entitled to a refund of the fees she paid towards commercial pilot flight training lessons? Analysis and Decision [ 6 ] In October 2013, Mrs. Lim enrolled in the commercial pilot flight training program offered by Académie Aéronautique. The program includes ground school training, which is followed by flight training. [ 7 ] Mrs. Lim completed the ground school training portion of the program. [ 8 ] She required 50 hours of flight time training to obtain her private pilot licence.

She claims that she paid in advance $3,000 to Académie Aéronautique towards 12 hours of flight training lessons required for the private pilot licence. [2] [ 9 ] While she paid $3,000 towards 12 hours of flight training, she only completed 3.4 hours of actual flight training. [3] [ 10 ] According to Mrs. Lim, she never was able to complete the balance of her flight training instructions because Académie Aéronautique kept insisting for additional payments each she tried to book flight training lessons, which she refused to pay. [ 11 ] By letter dated May 25, 2015, Mrs.

Lim wrote to Académie Aéronautique to cancel flight training classes and to obtain a refund of the unused flight training fees because the defendant requested additional payments. [4] [ 12 ] According to Académie Aéronautique’s price list, flight instructor fees are $230 per hour. [5] Seeing that Mrs. Lim flew for 3.4 hours, she used $782 toward the $3,000 credit in flight training instructions. She therefore claims the unused credit.

[ 13 ] Considering that Académie Aéronautique was bound to honor its contractual obligations, and that it failed to do so, the Court considers that Mrs. Lim’s claim for the refund of the unused flight instructor training fees paid in advance is well founded. Accordingly it will award her damages of $2,218. [6] FOR THESE REASONS, THE COURT: [ 14 ] GRANTS in part Jim-Sheung Lim’s claim; [ 15 ] ORDERS Académie Aéronautique Inc. to pay to Jim-Sheung Lim $2,218 with interest and the additional indemnity provided by

article 1619 of the Civil Code of Québec calculated as of June 24, 2015; [ 16 ] DISMISSES Académie Aéronautique Inc.’s Cross-Claim in regards to an award of damages of $2,820 for the unpaid balance of the tuition fees; [ 17 ] DECLARES that pursuant to

article 537 of the Code of Civil Procedure , the Court does not have jurisdiction to hear the portion of Académie Aéronautique Inc.’s Cross-Claim as it relates to allegations of defamation; [ 18 ] WITH COSTS of $100. __________________________________ ENRICO FORLINI, J.C.Q. Date of hearing: October 30, 2017