2020 QCCQ 897, 2020 QCCQ 897

Warmington c. Grade Savers Tutoring Inc. 2020 QCCQ 897 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-704408-188 DATE: February 25, 2020 ______________________________________________________________________ PRESIDED BY THE HONOURABLE GILLES LAREAU, J.C.Q. ______________________________________________________________________ JONATHAN WARMINGTON Plaintiff v. GRADE SAVERS TUTORING INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Jonathan Warmington (WARMINGTON) claims from Grade Savers Tutoring Inc. (GST) the sum of $8,445.42 for professional services rendered regarding the development of applications for a website used by GST. [ 2 ] GST contests the claim arguing that the work was not done in a time frame that was acceptable. It adds that due to certain computer bugs (BUGS) in the programming codes, it had to hire a third party to redo the entire website.

In its Cross-Demand, GST claims the sum of $12,434.55 representing fees incurred to complete WARMINGTON’s work. [ 3 ] The parties have filed into evidence an impressive quantity of emails in order to support their respective claims. The Court also heard the testimony of Jonathan Warmington and of Soni Chet, representative of GST.

In addition, WARMINGTON filed a statement in lieu of testimony of Alexander Nachaj, who was marketing coordinator for GST from February 2014 to January 2015. [ 4 ] The evidence adduced at trial shows that WARMINGTON did execute the work for which he is claiming his fees, at a rate that had been previously accepted by GST. [ 5 ] The argument of GST that the work was not done in a timely manner and that as a result of many BUGS, GST had to «completely redo the entire site» is not supported by the overwhelming emails filed by WARMINGTON. [ 6 ] WARMINGTON did three applications for GST: 1) a front end which is the part seen by the user, 2) an Administrative Application which manages the user and the online courses and finally 3) an Automated Process Interface which holds the data. [ 7 ] In fact, most of the applications have not changed as demonstrated by the G.I.T. reports (Exhibit P-20) and WARMINGTON’s signature is still on most of the codes (Exhibits P-11 and P-14). [ 8 ] The evidence also shows that if some of the work was delayed, it was mostly as a result of changes that GST was requesting time and time again [1] . [ 9 ] The Court finds that WARMINGTON executed his mandate competently and in a timely manner.

He is entitled to his fees. [ 10 ] The unpaid account is in the amount of $7,502.12. The difference with the amount actually claimed represents interest ($474.80), disbursement for a registered letter ($11.50), Court fees ($187.00) and time spent in Court ($270.50). [ 11 ] In the conclusions of the Judgment, the Court will grant the interest and the fees. The disbursement for the registered letter will be included in the legal costs of the case. The part of the claim that seeks compensation for time spent in Court is not admissible.

These are damages and the Civil code of Quebec stipulates that damages which result from the delay in the performance of an obligation to pay a sum of money consist of interest [2] . [ 12 ] Finally, the Cross-Demand is dismissed since GST did not demonstrate that WARMINGTON has in any way failed to honour his contractual obligations. FOR THESE REASONS, THE COURT : GRANTS IN PART the Plaintiff’s action;

CONDEMNS Grade Savers Tutorial Inc. to pay the amount of $7,502.12 to Jonathan Warmington, with interest at the legal rate, plus the additional indemnity provided in

section 1619 of the Civil Code of Quebec as of the letter of demand of December 22, 2017. The whole with judicial costs in the amount of $198.50. __________________________________ GILLES LAREAU, J.C.Q. Date of hearing: October 29, 2019