Digitaria Publishers Inc. c. Nowlandson 2016 QCCQ 13756 COURT OF QUEBEC “ Small Claims Division “ CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL “ Civil Division “ No: 500-32-149526-156 DATE: October 25, 2016 ______________________________________________________________________ BY THE HONOURABLE DANIEL DORTÉLUS ______________________________________________________________________ DIGITARIA PUBLISHERS INC. Plaintiff v.

MICHAEL NOWLANDSON Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS the Plaintiff claims from Defendant the amount of $ 1 214.75; [ 2 ] WHEREAS the Defendant retained Plaintiff services on august 27, 2015 to prepare and to print out 2 000 calendars for the sum of $ 7 317; [ 3 ] WHEREAS the preparation of the work was in progress, the proof was sent to Defendant, materials were ordered by Plaintiff when the Defendant transmitted an email on September 20, 2015, asking to postpone for one year the production of the calendars; [ 4 ] WHEREAS the Plaintiff has a valid reason to cancel the service contract according to the provisions of

section 2126 of the Civil Code of Quebec (« C.c.Q. ») which stipulates : “ 2126. The contractor or the provider of services may not resiliate the contract unilaterally except for a serious reason, and never at an inopportune moment; otherwise, he is bound to make reparation for injury caused to the client as a result of the resiliation. Where the contractor or the provider of services resiliates the contract, he is bound to do all that is immediately necessary to prevent any loss. “ [ 5 ] GIVEN that upon the resiliation of the contract, the client is bound to pay to the contractor the actual cost and expenses, the value of the work performed before the notice of resiliation, according to

section 2129 C.c.Q ; [ 6 ] GIVEN Plaintiff's testimony and exhibits filed, the application is granted. [ 7 ] FOR THESE REASONS, THE COURT : [ 8 ] CONDEMNS the Defendant to pay to Plaintiff the sum of $1 214.75 with interest at the annual rate of 5 % plus the additional indemnity stipulated in

section 1619 of the Civil Code of Quebec ; [ 9 ] ORDERS the Defendant to pay to Plaintiff the court fees of $ 159 associated with this claim. __________________________________ DANIEL DORTÉLUS, J.C.Q. Date of hearing: October 24, 2016