2017 QCCQ 2394, 2017 QCCQ 2394

Saunders (MDS Transport) c. Transport Distribution MTL inc. 2017 QCCQ 2394 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-149110-159 DATE: March 13, 2017 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI J.C.Q. ______________________________________________________________________ MICHAEL SAUNDERS DBA MDS TRANSPORT Plaintiff v. TRANSPORT DISTRIBUTION M.T.L. INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Michael Saunders claims from Transport Distribution M.T.L. Inc. (MTL) $4,000 for services rendered under a service agreement entered into between the parties. [ 2 ] Although MTL was duly convened and called, it was not present at the trial and thus the trial proceeded by default. [ 3 ] Mr.

Saunders’ claim stems from a Business Development Agent Agreement (Agreement) he entered into with MTL in June 2015 and which became effective on June 8 of that year. [1] Under the Agreement, Mr. Saunders agrees to act as a sales agent for MTL in consideration for remuneration which is specified as follows in the contract : Agent [Mr.

Saunders] will be paid a weekly amount of $1000.00 Cdn (Draw) and/or commission for securing new business and working in a customer service manner helping to gain and maintain all aspects of a good relationship with all the clients in representation of MTL. [ 4 ] Moreover, the Agreement defines the term “Draw” as follows: Draw is considered an advance on commission earned, however it will constitute a minimum compensation for the first 90 days. [ 5 ] Mr.

Saunders remitted four invoices for $1,000.00 each to MTL for services rendered under the Agreement for each of the weeks of June 8, June 15, June 22 and June 29, 2015. [2] He received payment for one of these four invoices, but remains unpaid for three invoices for the weeks of June 15, June 22 and June 29. He also claims $1,000 for early termination of the Agreement, hence a total claim of $4,000. [ 6 ] By demand letter dated July 20, 2015, Mr. Saunders claimed payment of $4,000 from MTL. [3] To this day, this amount remains unpaid. [ 7 ] After reviewing the evidence submitted by Mr.

Saunders, the Court concludes that his claim for the payment of the services rendered for the weeks of June 15, June 22 and June 29, 2015 is well founded and will thus award him $3,000. [ 8 ] Mr. Saunders also claims $1,000 from MTL representing what he argues is a “7 day notice” he is entitled to because MTL terminated the Agreement. [ 9 ] The Agreement provides as follows with respect to termination: Agent agrees to execute the agreement in good faith and at anytime either party can cancel this agreement with 7 days notice in the first 6 months and 30 days notice thereafter.

[…] Upon the cancellation or termination of this contract by either party , Agent [Mr. Saunders] understands that no future compensation will be paid . (Underlining added) [ 10 ] According to the evidence adduced at trial, MTL cancelled the Agreement on Friday, July 3, 2015. Following the termination, Mr. Saunders did not provide services to MTL as of the following Monday, July 6. [4] [ 11 ] After reviewing the evidence submitted by Mr. Saunders and the terms of the Agreement, the Court concludes that his claim for $1,000 for termination notice is not supported by the terms of the contract.

Accordingly, the Court will dismiss this portion of Mr. Saunders’ claim. [ 12 ] FOR THESE REASONS THE COURT: [ 13 ] GRANTS in part Mr. Saunders’ action; [ 14 ] CONDEMNS Transport Distribution M.T.L. Inc. to pay to Michael Saunders $3,000 with interest at the legal rate plus the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , from August 3, 2015; [ 15 ] WITH COSTS of $138 representing the judicial fees on the application. __________________________________ ENRICO FORLINI J.C.Q. Date of hearing: February 21, 2017