6066704 Canada c. Canlin Import & Export inc. 2013 QCCQ 3071 COURT OF QUEBEC "Small Claims Division" CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N° : 500-32-122159-108 DATE : January 15, 2013 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ 6066704 CANADA Plaintiff v. CANLIN IMPORT & EXPORT INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS a contract of sale intervened between the parties, on February 9, 2009 (purchase order no 9000185, exhibit P-1); [ 3 ] WHEREAS defendant vendor failed to provide and deliver the goods (denim jackets), as ordered by plaintiff and as per plaintiff’s specifications; [ 4 ] WHEREAS , more specifically, the colors of the logo on the jackets, were incorrect; [ 5 ] WHEREAS defendant had an obligation of result, which it did not fulfill; [ 6 ] GIVEN s. 2100 and 1458 of the Civil Code of Quebec ; [ 7 ] WHEREAS defendant did not act in the best interest of plaintiff, with prudence and diligence and in conformity with the contract; [ 8 ] WHEREAS according to the preponderance of evidence, as a direct and immediate consequence of defendant’s fault and non performance, plaintiff sustained damages in the amount of $10,000.00; [ 9 ] WHEREAS this amount represents the profit of which plaintiff was deprived; [ 10 ] GIVEN Mitchell White’s credible testimony, corroborated by that of Stephen Myers, as well as exhibits P-1 to P-15; [ 11 ] WHEREAS plaintiff proved the facts alleged in its application; [ 12 ] WHEREAS defendant is liable for the amount claimed (s. 1611 C.C.Q.).

WHEREFORE THE COURT HEREBY: GRANTS plaintiff’s application; CONDEMNS defendant to pay plaintiff the sum of $7,000.00, plus interest at the annual rate of 5% and the additional indemnity provided for by

article 1619 C.C.Q., as of March 17, 2010, and the judicial fees of $204.00. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing : October 30, 2012