2014 QCCQ 1202, 2014 QCCQ 1202

Vinipasson Importations inc. c. Bacio Divino Cellars 2014 QCCQ 1202 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-133295-123 DATE: February 19, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ VINIPASSON IMPORTATIONS INC. 9780, St-Laurent Boulevard Montreal, Quebec H3L 2N3 Plaintiff v. BACIO DIVINO CELLARS P.O.

Box 131 Rutherford, California USA 94573 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS defendant failed to appear at trial, notwithstanding having been duly summoned and called; [ 2 ] GIVEN the evidence, including Sandro D'Annibale's credible testimony, as well as exhibits P-1 to P-6; [ 3 ] WHEREAS , according to the preponderance of evidence, a services contract intervened between the parties during the month of February, 2012; [ 4 ] WHEREAS defendant, a California wine producer, hired plaintiff to act as its agent in Quebec;

[ 5 ] WHEREAS , in an e-mail dated February 16, 2012 (exhibit P-5), defendant's principal, Claus Janzen, admitted being contractually bound to plaintiff ("I have committed to paying the commission due on this last Pazzo purchase, to the new agent."); [ 6 ] WHEREAS there are further such admissions in his e-mails to plaintiff, dated February 21 and March 12, 2012 (exhibit P-6); [ 7 ] WHEREAS , according to the preponderance of evidence, plaintiff provided the services requested by defendant, in its best interest, with prudence and diligence, in accordance with usual practice and in conformity with the contract; [ 8 ] WHEREAS defendant unilaterally resiliated the contract; [ 9 ] WHEREAS defendant is bound to pay the value of the work performed ( art. 2129 Civil Code of Quebec ); [ 10 ] GIVEN invoice no. 2012115 (exhibit P-1), in the amount of $3,750.00 U.S.D.; [ 11 ] WHEREAS plaintiff proved the facts alleged in its application; [ 12 ] WHEREAS defendant is in breach of contract; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application; SENTENCES defendant to pay plaintiff the sum of $3,599.99, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of April 30, 2012; THE WHOLE , with costs. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: January 20, 2014