2019 QCCQ 2519, 2019 QCCQ 2519

Layne c. Squire 2019 QCCQ 2519 JG2338 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS LOCALITY OF SALABERRY-DE-VALLEYFIELD Civil Division No: 760-32-700822-184 DATE: April 16, 2019 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE CÉLINE GERVAIS, J.Q.C. ______________________________________________________________________ Leslie LAYNE and TRANSPORT LAYNE INC. Plaintiff s v.

Andrew SQUIRE and Vanessa BROWN Defendant s ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Leslie Layne and Transport Layne inc. claim from Andrew Squire and Vanessa Brown an initial amount of $ 10 774.91 that would be due by Mr. Squire and Mrs. Brown further to the organization of the Montreal jerk food festival. [ 2 ] At the hearing, Mr. Layne amended his demand to claim $ 11 850.62, the difference being interest he had to pay on his credit card.

THE FACTS: [ 3 ] Andrew Squire and Vanessa Brown are administrators of a society called The Montreal jerk food festival, that was incorporated in July 2016 and which, according to the Registre des entreprises du Québec, works in the organization of cultural and family event throughout Quebec involving a variety of jerk meals. [ 4 ] In May 2018, Leslie Layne approached Mr. Squire, saying that he was interested in being associated with the festival, which led to the signing of two documents on May 3, 2018.

The first document, exhibit P-2, is called an agreement between the Montreal jerk festival and Transport Layne, in which both parties agree that they would be 50/50 owners of the shares of this festival to be held on June 23 and 24, 2018 at the Soccerplex in Lachine. Both parties intend to elect a single company to formally operate as 50/50 partners and they also agree to promote the festival and shows. [ 5 ] By this document, Mr.

Layne agrees to pay group celebration, group reservation number 181540 and the amounts of $ 4 310.40 and $ 1 825 U.S. that were wired to signer Tony Matterhorn, both amounts to be later adjusted in the new company. [ 6 ] This document is signed by Mr. Squire and Mr.

Layne. [ 7 ] On the same date, exhibit P-3 is signed, which document confirms the partnership between Andrew Squire, as CEO of Crystal sound international and the Montreal and Chateauguay jerk food festival with Leslie Layne, CEO of Transport Layne and services. [ 8 ] The parties agree to partner 50 % of all business transactions for Crystal sound international, investing into voicing dubs for artists and labels, purchase of equipment and organization of events. This document is signed by Mr. Squire, Mrs. Layne and Mrs. Brown. [ 9 ] Mr. Squire recognizes that Mr.

Layne has invested money in the festival, which was unfortunately not successful because of

the very bad weather that occurred on June 23 and 24. At the end of the festival, Mr. Squire wrote a cheque to Mr. Layne in the amount of $ 9 456.53, which was returned for insufficient found. [ 10 ] Mr. Layne and Transport Layne claim the reimbursement of said sum of $ 9 456.53, bailiff fees for the notification of a letter of demand ($ 54.45), legal fees ($ 218.26), $80.95 for a new cell phone, the interest paid on his credit card, the rest being for damages, Mr. Layne alleging that Mr. Squire and Mrs. Brown acted in bad faith. ANALYSIS AND DECISION: [ 11 ] The fact that Mr. Squire wrote a cheque to Mr.

Layne is a recognizance that he owes Mr. Layne that amount of $ 9 456.53, which he did not deny at the hearing. [ 12 ] Mr. Layne is then entitled to recover said amount of $ 9 456.53. As the cheque was drawn to Mr. Layne and not to Layne Transport, it is Mr. Layne who can recover it. [ 13 ] The Court can see no lien de droit between Mr. Layne or Transport Layne and Mrs. Vanessa Brown, who did not sign exhibit P- 2. The signing of exhibit P-3 does not render Mrs.

Brown responsible for reimbursing the amount claimed, as it is only the expression of an intention to create a new partnership between two companies, which never occurred. [ 14 ] In consequence, the action cannot be granted against Mrs. Brown and will be dismissed. [ 15 ] Mr. Layne is entitled to recover also the bailiff’s fees for the notification of the letter of demand to Mr. Squire, which represents $ 44.10. [ 16 ] After hearing the parties’ testimonies, the Court concludes that there were no bad faith on Mr. Squire’s part.

The fact that the jerk festival did not work and that the association did not occur were for reasons that had nothing to do with any bad faith. In consequence, Mr. Layne is not entitled to recover any damage from Mr. Squire, nor any legal fees. [ 17 ] As regards the fees for a new cell phone, nothing in the proof presented shows that this expense was authorized by Mr.

Squire, that he was aware that a cell phone had to be bought especially for the organization of the festival or that it was necessary. [ 18 ] As regards the interest on the credit card, this constitutes indirect damages that cannot be recovered. [ 19 ] This being said, Mr. Layne’s demand is granted against Mr. Squire for an amount of $ 9 500.63. FOR ALL THESE MOTIVES, THE COURT: GRANTS partially plaintiff's claim; ORDERS defendant, Andrew SQUIRE, to pay to plaintiff, Leslie LAYNE, the amount of $ 9 500.63 plus the legal interest and the additional indemnity provided for by

Section 1619 of the Quebec Civil Code , from August 24, 2018 and the judicial costs of $ 302; DISMISSES the action of TRANSPORT LAYNE INC. against Andrew SQUIRE; DISMISSES the action of Leslie LAYNE and TRANSPORT LAYNE INC. against Vanessa BROWN without costs. __________________________________ CÉLINE GERVAIS, J.Q.C.