2018 QCCQ 3996, 2018 QCCQ 3996

8372683 Canada inc. (Protect Me Alerts) c. Whyte 2018 QCCQ 3996 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-149322-150 DATE: April 24, 2018 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DAVID L. CAMERON J.C.Q. ______________________________________________________________________ 8372683 CANADA INC. doing business as PROTECT ME ALERTS Plaintiff v.

ROBIN WHYTE Defendant ______________________________________________________________________ JUDGMENT Rendered from the Bench ______________________________________________________________________ [ 1 ] The Plaintiff, 8372683 Canada Inc, known as Protect Me Alerts or Protect Me Alert Series (“Protect Me Alert Series”) sues the Defendant, Robin Whyte, for 3,041.58 $ CAN, which is the equivalent of 2,600.85 US $, the amount of an invoice issued to a customer of the Plaintiff, in the US, for goods sold and delivered. [ 2 ] Ms Whyte was instrumental in making the sale that gave rise to that invoice. [ 3 ] Her contractual relationship was with a firm known as 20-20, which is an abbreviation of 20-20 Sales & Marketing Solutions inc. (“20-20”), of which Anthony D’Angelo is the president. [ 4 ] The Plaintiff asserts that its contractual relationship was with that corporation, 20-20 Sales & Marketing Solutions inc., and that, as far as the payment of commissions is concerned, it did not have a direct contractual relationship with Robin Whyte, who must look to 20-20 for the payment of any commission she is owned. [ 5 ] For reasons that were practical and related to the desire of the US customer to pay through Paypal, the American customer made the payment for the invoice to Robin Whyte through her Paypal account.

Robin Whyte, believing that she would have trouble receiving commissions, withheld the funds and did not remit them to Protect me Alert Series, hence the present claim. [ 6 ] Initially, there was a defence of lis pendens on the grounds that this monetary claim was part of a suit brought by the Plaintiff in Superior Court but the Defendant conceded that this monetary claim was removed from the Superior Court action through a modification that was not contested.

The exception of lis pendens is therefore dropped. [ 7 ] Ms Whyte believes that she has a moral claim to withhold the funds she has received so long as her own claims for commissions are not satisfied. [ 8 ] Whatever claim could be made on moral grounds or because of fairness or commercial principles, the law of Quebec is clear.

Unless the Defendant has a monetary claim against Protect Me Alert Series that is liquid and exigible, she cannot claim compensation between such amount and the amount she admittedly owes to the Plaintiff for the money she presently retains. [ 9 ] Therefore, without expressing any opinion as to whether she is, in fact, owned a commission from the entity known as 20-20, the Court finds that her own admissions make it clear that she cannot make this claim directly against the Plaintiff. [ 10 ] Since there is no defense of compensation, the Plaintiff’s claim to be paid the amount that its customer paid to Robin Whyte, believing the latter was the ostensible creditor, must succeed. [ 11 ] The Court will apply the exchange rate given in the amended application of 1.17 $ as well as interest and the additional indemnity computed from the date of default, as established through the letter of demand (P-3) dated December 24, 2014.

By these reasons, the Court: CONDEMNS the Defendant to pay the Plaintiff the amount of $3,041.58 with interest at the legal rate of 5% plus the additional indemnity provided by

article 1619 of the Civil Code of Quebec , calculated from December 24, 2014. The whole with legal costs.

__________________________________ David L. Cameron, J.C.Q. Date of hearing: April 24, 2018.