2017 QCCQ 12058, 2017 QCCQ 12058

Divertissement Dynamic c. 3127508 Canada inc. (Casa Grecque and Olympia Reception Halls) 2017 QCCQ 12058 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division No: 500-32-153624-160 DATE: October 17, 2017 ______________________________________________________________________ BY THE HONOURABLE Catherine pilon, J.C.Q. ______________________________________________________________________ divertissement dynamic s.e.n.c.

Plaintiff v. 3127508 canada inc., doing business under the names of Casa Grecque and Olympia Reception Halls -and- peter panos panagiotis fatouros Defendants ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff Divertissement Dynamic s.e.n.c. (“Dynamic”) signed an agreement with 3127508 c anada Inc., doing business under the names of C asa G recque and Olympia Reception Halls (“Olympia”), on October 1 st , 2015 for the provision of entertainment services by Dynamic on December 31, 2015 at Olympia. [ 2 ] The agreement provided for a fee of 2,400 $ to be paid to Dynamic by Olympia at the beginning of the event. [ 3 ] The evidence shows the services were provided, but that Olympia only paid 1,724.63$ leaving an unpaid balance of 675.37 $. [ 4 ] Olympia did not provide any reason to Dynamic for not paying the entirety the services at the time. [ 5 ] It is only at the hearing of the claim that it was indicated by Olympia that an amount of 675$ was withheld because employees, and/or subcontractors, of Dynamic had consumed alcohol at the bar on the evening on question.

Olympia calculates this amount on the basis of an open bar fee of 125 $ per person for the five employees or subcontractors of Dynamic who drank alcohol. Dynamic denies that its employees or subcontractors consumed alcohol at the bar. [ 6 ] The evidence does not support the allegations of Olympia. Peter Fatouros, as representative of Olympia, did not provide credible evidence that alcohol was consumed at the bar.

He contradicted himself in his testimony by saying that Dynamic had worked consecutively in the past years that he had then subtracted from the amounts due to Dynamic. [ 7 ] Dynamic, has provided evidence to the contrary, i.e. that it did not work consecutive years for New Year’s Eve celebrations at Olympia, and that alcohol consumption, if any, was not deducted from its fees. M. Fatouros then admitted in his testimony that Dynamic had not been charged for alcohol in the past. In any event, if alcohol was consumed at the bar as he says he witnessed, M.

Fatouros should have advised Dynamic that it would be charged. [ 8 ] In addition to the unpaid balance, Dynamic suffered damages of 23 $ to send its demand letter, and 26 $ for its collection efforts. [ 9 ] Dynamic has also brought its claim against Mr. Fatouros personally, but there is no evidence that he was bound by the agreement, or that he committed a specific fault outside his role as representative of Olympia. FOR THESE REASONS, THE COURT :

GRANTS in part the demand of the Plaintiff d ivertissement d ynamic s.e.n.c ; CONDEMNS the Defendant 3127508 c anada Inc ., doing business under the names of C asa G recque and Olympia Reception Halls, to pay the Plaintiff Divertissement Dynamic s.e.n.c. 724,37$ with interest at the legal rate and the additional indemnity of

article 1619 of the Civil Code of Quebe c since the demand letter of February 1 st 2016; CONDEMNS the Defendant 3127508 c anada Inc . doing business under the names of C asa G recque and Olympia Reception Halls to pay the Plaintiff Divertissement Dynamic s.e.n.c. the Court costs of 100$; DISMISSES the claim of the Plaintiff Divertissement Dynamic s.e.n.c. against the Defendant Peter Panos Panagiotis Fatouros, without costs. __________________________________ CATHERINE PILON, j.c.q. Date of hearing: October 17, 2017