2011 QCCQ 11165, 2011 QCCQ 11165

Yoong c. Greisman 2011 QCCQ 11165 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-120915-097 DATE: September 19, 2011 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ YOONSIN YOONG […] Ottawa Ontario […] Plaintiff v.

GARY GREISMAN -and- EMBVUE.COM […] Montréal Québec […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Yoonsin Yoong is suing Gary Greisman and Embvue.com for $1,755.06 alleging they failed to reimburse him for all his travel expenses. Mr. Yoong, who is currently in China, was represented by William B. Biesenthal. [ 2 ] Mr. Greisman denies owing Mr. Yoong any money; as for Embvue, it claims it reimbursed Mr. Yoong, in accordance with its policy. The evidence: [ 3 ] Mr.

Yoong had been employed by Embvue.com from March 27, 2008 until October 6, 2009 as Embvue's representative in China. After his employment ended, Mr. Yoong submitted a request for outstanding expenses, which include a prototype made of an Embvue shirt, electronic equipment, hotels, a meal, a movie and medication. He originally claimed that the amount owed came to $12,253.77 and that $999 had not been remitted. [ 4 ] Embvue submits Mr. Yoong's claim comes to $877 and not $999.55.

However, Embvue disallowed the sum of $877 since certain items claimed were not eligible under its policy (movie tickets and clothing) or the claims were unsubstantiated (credit card purchases with no details) or the receipts were duplicates. As for a medical bill, Embvue maintains it should have been submitted to the insurer. Analysis: [ 5 ] Mr. Yoong's employment contract was with Embvue, there is no lien de droit with Mr. Greisman. The claim against Mr. Greisman is therefore dismissed. [ 6 ] Embvue's Travel and Expense Reimbursement Policy lists the items that are covered.

The majority concern travel, lodging and meals. Employees are entitled to reimbursement for ATM cash advance fees, business office expenses, business phone calls, currency conversion fees, gasoline, laundry and dry cleaning, parking telegrams and telexes, tolls, travelers' cheque fees and visa or passport or consulate fees.

[ 7 ] At the hearing, Mr. Yoong, through his representative, submitted a list of unpaid expenses. His claim is now $1,581.69, plus legal fees and translation fees. [ 8 ] Mr. Yoong's invoices for hotels, a meal and super market purchase fail to indicate the purpose of the expense. Since it is not possible to determine whether it was incurred as a business expense or a personal one, this aspect of his claim is not allowed. His claim for the cost of a movie is denied; movies are not an allowable expense. [ 9 ] Mr. Yoong is seeking reimbursement for electronic equipment and office supplies that he had purchased.

Embvue asked Mr. Yoong to bring back these items but since he did not do so, it would not pay for these purchases. Given Mr. Yoong’s failure to remit the equipment and supplies, this aspect of the claim is not allowed. [ 10 ] As for Mr. Yoong's medical expense of $791.10, Embvue received the receipt, written in Chinese, without any explanation. It is understandable that Embvue did not process this claim. Embvue explained that it is the responsibility of an employee to submit such receipts directly to the insurer, Great West. Moreover, Mr.

Yoong had submitted receipts in the past and was aware of the procedure. [ 11 ] The Court returned the original receipt to Mr. Yoong's representative, in order that it may be submitted by Mr. Yoong to the insurer, with his explanations. [ 12 ] In sum, Embvue received a considerable number of receipts and had asked Mr. Yoong to substantiate those that were incomplete, but he failed to do so. [ 13 ] The only expense that the Court considers valid is the cost of making a prototype shirt for Embvue, namely the sum of $30.

While Embvue claimed that it had not authorized this expense and had already paid for such shirts, this item is clearly a business expense incurred for the benefit of Embvue. [ 14 ] Mr. Yoong is requesting the reimbursement of the cost of his translator. Given the Court required that Plaintiff’s exhibits be translated from Chinese to English, the Court grants Plaintiff’s request. FOR THESE REASONS, THE COURT: GRANTS , in part, Plaintiff's action; CONDEMNS Defendant Embvue.com to pay Plaintiff Yoonsin Yoong the sum of $30 with interest at the legal rate and the additional indemnity foreseen by

article 1619 C.C.Q., since December 18, 2009 plus judicial fees of $99; REQUESTS that the Office of the Court obtain from the government, the funds related to the translation of Plaintiff’s exhibits ($200) and remit the said funds to Plaintiff. __________________________________ SUZANNE HANDMAN, J.C.Q. Dates of hearing: February 7 and July 4, 2011