2013 QCCQ 5035, 2013 QCCQ 5035

7513488 Canada inc. c. Guru Transport 2013 QCCQ 5035 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-130984-117 DATE: May 17, 2013 ______________________________________________________________________ PRESIDED BY THE HONOURABLE HENRI RICHARD, J.C.Q. ______________________________________________________________________ 7513488 CANADA INC. Plaintiff v.

GURU TRANSPORT Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] 7513488 Canada inc. (“ Canada inc .”) claims from Guru Transport (“ Guru ”) $1,276 following a contract of carriage by which Canada inc. undertook to carry property from Montreal to Florida at Guru’s request. [ 2 ] In its contestation, Guru pleads that Canada inc. was overpaid because it never provided GST and QST numbers, thus being unable to claim back said taxes.

Also, Guru relates to cash advance that was never paid back by Canada inc. [ 3 ] The tax numbers of Canada inc. are provided at trial to Guru Transport. [ 4 ] Guru’s representative, Harpreet Bhullar, explained to the Court that Canada inc. was overpaid for the first two contracts of carriage intervened between the parties.

In particular, Canada inc. received $0.40 per mile, but should have received $0.20 because another driver designated by Guru accompanied Canada inc.’s representative, Manoj Dhir. [ 5 ] After reviewing the evidence adduced, the Court concludes that Canada inc.’s claim is well-founded both in fact and in law, contrary to Guru’s grounds of contestation. [ 6 ] No agreement ever occurred between the parties in view to reduce the payment of $0.40 per mile. [ 7 ] Also, after being invoiced, Guru did pay to Canada inc., without protest, the first two contracts of carriage at the rate of $0.40 per mile.

It constitutes an acknowledgement of debt. [ 8 ] The sole shareholder and administrator of Canada inc., Manoj Dhir, established that the last carriage executed from June 1 to June 5, 2011 from Montreal to Florida is still unpaid, for a total amount of $1,276. There is no legal reason for Guru not to pay the said sum. THEREFORE, the Court: GRANTS 7513488 Canada inc.’s claim; CONDEMNS Guru Transport to pay to 7513488 Canada inc. $1,276 with interest at the annual rate of 5 % and the additional indemnity provided for under

Article 1619 of the Civil Code of Québec , as from November 21, 2011; CONDEMNS Guru Transport to pay to 7513488 Canada inc. $148 as judicial costs. __________________________________ Henri Richard, J.C.Q.

Date of hearing: April 23, 2013