2017 QCCQ 9935, 2017 QCCQ 9935

9065-5168 Quebec inc. c. 8442398 Canada inc. 2017 QCCQ 9935 JG2338 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS LOCALITY OF CHÂTEAUGUAY Civil Division No: 760-32-017599-160 DATE: June 22, 2017 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE CÉLINE GERVAIS, J.Q.C. ______________________________________________________________________ 9065-5168 QUEBEC INC. Plaintiff v. 8442398 CANADA INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] 9065-5168 Quebec inc. (ALB Logistique) claims from 8442398 Canada inc. (8442398) an amount of $ 10 010.62 representing two unpaid invoices dated February 17, and November 10, 2015.

THE FACTS: [ 2 ] The invoice dated November 10, 2015, totalizes $ 339.18 for a transportation from Montreal to Lachine and is not contested at the hearing. [ 3 ] The main contestation relates to invoice number 12156 of February 17, 2015, in the amount of $ 7408 USD (that ALB Logistique converted to $ 9 671.44 CND at the date of filing of the Demand) for the transportation of 53 418 pounds of extra virgin olive oil from Savannah (Georgia) to Odessa (Florida). [ 4 ] 8442398 pretends that the price was overcharged, as such transportation should have cost $ 1600 to $ 1800, as per verifications made afterwards. [ 5 ] According to an “arrival notice” filed as exhibit P-4, a cargo of extra virgin oil transported by Maersk Line was due to arrive on January 31, 2015, to be delivered to Eleopac Distribution in Odessa, arriving from Greece.

The consignee was Medoliva S.A. in St- Petersburg, Florida. [ 6 ] On February 2, 2015, an email from Maersk shows that the cargo weight is superior to the maximum weight that can be moved in a container by railroad. Steps are taken to arrange the transportation from Savannah to Odessa by other means. [ 7 ] It seems that two options were available, the first one being that the customer take delivery of the container and get partial content pumped out of the flexy tank into a food grade tank truck, both of which could be trucked down to Tampa.

The second option was to transload a portion of the cargo into a second container in order to proceed with the delivery as originally booked. [ 8 ] In the “overweight violation notice” sent by Maersk, it is clearly stated that the second option may not be viable and that it would likely be very expensive. [ 9 ] An email shows that transportation by rail would have cost $ 4300 USD, if it could have been done without being overweight. [ 10 ] The email correspondence filed as exhibit P-2 shows that Maersk seeked special permission to allow the transportation by rail on a one time only basis, which was refused by the authorities. [ 11 ] It was then clear from the email sent by Maersk on February 5, 2015, at 13:07, that the only option was for the client to arrange

their own trucking to Tampa from Savannah.

They specify that “over the road weight limits for 20 feet containers for the entire East coast is 44 000 pounds with a tri axel. (…) No steamship line will move 44 000 pounds over the road, because then you’re getting into specialized permits and equipment that we do not consider safe, and it becomes extremely expensive.” [ 12 ] Then on the same day at 14:47, ALB Logistique confirms that the cargo can be delivered legally with a US freight specialist, the company being a division of Fedex that specializes in delivering oversize and overweight cargo throughout the United States. [ 13 ] In an email of February 6, 2015, Maersk says that after speaking with Maersk’s Greece sales, “they are willing to either reimburse you, or give a performance bonus for the added expense of delivery.” [ 14 ] It appears from those emails that it was important that the cargo be shipped as soon as possible. [ 15 ] On Monday February 9, the requests for the State permits were issued.

On the same day at 15:35 ALB Logistique wrote the following email: “USD $7408.00 to Door in Florida – Thanks for the OK to proceed… I knew it was going to be expensive. I just received a call that the permits have been approved, and driver is 100 miles from the Pier and will P/U tomorrow morning… Will keep you posted.” [ 16 ] On February 10, at 11:28, ALB Logistique wrote that the State of Georgia refused the permit late the day before, which meant that they were looking for a “tri axel chassie”.

ALB Logistique says that they have been working since 6:00 a.m. to find the right truck, as the container wards are “ridiculously overbooked at the moment, and it’s like that all over the U.S.” [ 17 ] A truck was finally found and, as appear from emails from Maersk dated February 11, 2015, they confirm the address where the empty container should be returned, which was to happen the next day. [ 18 ] After the delivery, invoice number 12156 in the amount of $ 7408 USD was issued on February 17, 2015.

ANALYSIS AND DECISION: [ 19 ] The Court understood from the representations made at trial that Maersk refused to reimburse the costs, finding that they were too high. At the hearing, 8442398 asked to be provided with the proof of the costs incurred for that transportation.

A bill of $ 6840 USD by Fedex was provided, confirming the transportation that was made, the invoice being dated February 16, 2015. [ 20 ] In an email dated April 1, 2017 to the undersigned, 8442398 requested an invoice signed by the person responsible for the transportation cost at Fedex, and found that the proof given by ALB Logistique was insufficient. [ 21 ] The Court considers that the information provided by ALB Logistique is sufficient to render judgment in this matter. [ 22 ] The representative for ALB Logistique explained the context of a strike occurring in the United States West coast at that period, which resulted in less choice of specialized equipment. [ 23 ] 8442398 files as exhibit D-2 some quotations obtained on March 13, 2017, for transportations from Savannah to Odessa with a tri axel truck.

ALB Logistique recognized that such would be the price in a normal situation. [ 24 ] It appears from the emails that the situation was difficult and urgent. This was no ordinary transportation. [ 25 ] Under the circumstances, as it was already specified that the prices for such a transportation would be very high, considering that ALB Logistique put their best efforts to find a carrier, there is no reason not to grant their Demand.

FOR ALL THESE MOTIVES, THE COURT: GRANTS the Plaintiff's claim; CONDEMNS defendant, 8442398 CANADA INC., to pay to plaintiff, 9065-5168 QUÉBEC INC., the amount of $ 10 010.62 plus interest at the legal rate and the additional indemnity provided for by

Section 1619 Q.c.C., as of March 8, 2016, date of reception of the Letter of Demand, with the judicial costs of $ 300. __________________________________ CÉLINE GERVAIS, J.Q.C.