2011 QCCQ 7876, 2011 QCCQ 7876

Wan c. Tutor Jam Canada Inc. 2011 QCCQ 7876 COURT OF QUEBEC « Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF FRONTENAC Locality of Thetford Mines N° : 235-32-003997-108 DATE : May 25th, 2011 ______________________________________________________________________ PRESIDED BY : JUDGE ANDRÉ CLOUTIER, J.C.Q.(JS-1573) ______________________________________________________________________ IRENE CHOW SZE WAN, domiciled and resident at […] , Thetford Mines (Quebec) […] . Plaintiff, c. TUTOR JAM CANADA INC., 151, Frobisher Dr., Suite 107, Building B, Waterloo, Ontario N2V 2C9.

Defendant. ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Miss Irene Chow Sze Wan claims reimbursement of $ 402.98 charged on her credit card by Defendant, on July 18th, 2010 plus $15.60 for postal fees. [ 2 ] On June 2010, Miss Chow Sze Wan entered a contract with Tutor Jam Canada inc. for the schooling of her daughters Mayris and Oephis. [ 3 ] Annex A of the contract P-2 provides that billing of monthly services will occur on the 25th day of each month.

Notwithstanding this stipulation, Plaintiff's credit card was debited on June 18 and on July 19 2010 at Defendant's request for the payment of monthly tutorship fees. [ 4 ] According to the provisions of

section 192 of the Consumer Protection Act, Defendant could not require payment of such fees before it began to execute of its own contractual obligations, which started on June 29, 2010 according to the contract P-3. [ 5 ] Moreover, Plaintiff has cancelled the contract on July 25 th , 2010, whereas cancellation was only acknowledged by the Defendant on July 26 th , 2010 (P-9) contrary of the provisions of

section 214.6 of the Consumer Protection Act, which are applicable by virtue

section 19 of the same legislation governing consumer contracts concluded at a distance. [ 6 ] Since payment was been illegally collected before the agreed term and since the contract is deemed to have been cancelled on June 25 th 2010, Defendant had no right to collect payment of $402.09 on July 19 th 2010. [ 7 ] Plaintiff's claim will therefore be granted including the postal fees she incurred. FOR THESE REASONS, THE COURT: CONDEMNS Tutor Jam Canada inc. to pay to Irene Chow Sze Wan the sum of $ 418.58 with interest at the legal rate of 5 % per year since October 19 th 2010; CONDEMNS Defendant to pay legal costs in the amount of $ 70.00.

__________________________________ ANDRÉ CLOUTIER, J.C.Q. Hearing held at Thetford Mines, May 09, 2011