6066704 Canada inc. c. Entreprises de vêtement Cardon inc. 2015 QCCQ 1392 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-136574-128 DATE: FEBRUARY 18, 2015 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MARTINE L. TREMBLAY, J.C.Q. ______________________________________________________________________ 6066704 CANADA INC. Plaintiff v. LES ENTREPRISES DE VÊTEMENTS CARDON INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff, an importer and distributor of men and kids wear, is claiming the following from Les entreprises de vêtements Cardon inc. (“ Cardon ”): a) $4,733.06 for goods sold and delivered between March 22 and August 8, 2012 [1] ; b) $3,000 for the fees paid to the agency retained to collect its debt [2] ; c) $1,250 for the financial hardship resulting from Cardon’s late payment. [ 2 ] Plaintiff voluntarily reduced its claim to $7,000 in order to proceed before the Small Claims Division of this court, thereby renouncing to claim any amount of damages in excess of 7 000 $. [ 3 ] Cardon is not present at trial to contest, but was duly summoned and called. [ 4 ] The Court heard Mr.

Stewart and Mr. Rao and reviewed the documentary evidence. [ 5 ] The Court concludes that Cardon owes $4,733,06 for the goods sold and delivered by Plaintiff [3] . [ 6 ] The collection agency fees are indirect damages that cannot be awarded [4] . [ 7 ] As for the damages resulting from Cardon’s delay in the performance of its obligation to pay the unpaid balance, the Court can only award the interest at the legal rate [5] and the additional indemnity provided by law [6] .

FOR THESE REASONS, THE COURT: [ 8 ] CONDEMNS Les entreprises de vêtements Cardon inc. to pay Plaintiff the sum of $4 733,06 together with the interest at the annual rate of 5 % and the additional indemnity provided for by

Article 1619 C.C.Q , calculated as of May 8, 2012; [ 9 ] CONDEMNS Les entreprises de vêtements Cardon inc. to pay the judicial fees of $213. ________________________________ MARTINE L. TREMBLAY, J.C.Q. Date of hearing: November 25, 2014