2015 QCCQ 1788, 2015 QCCQ 1788

9251-0056 Québec inc. (Multi-Club Cavendish Athlétique) c. 8014825 Canada inc. (Mexxus Multimedia) JQ0059 2015 QCCQ 1788 COURT OF QUEBEC «Small Claims Division»

CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division N°: 500-32-138923-133 DATE: February 26, 2015 ______________________________________________________________________ BY THE HONORABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ 9251-0056 QUÉBEC INC., doing business under the name of MULTI-CLUB CAVENDISH ATHLÉTIQUE Plaintiff c. 8014825 CANADA INC., doing business under the name of MEXXUS MULTIMEDIA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims from the Defendant the reimbursement of $1,465.93 representing a deposit made on a service contract as well as an amount of $5,000 in damages. [ 2 ] The Defendant states that the work was done for the amount of the deposit.

THE FACTS [ 3 ] On October 24, 2012, a service contract was concluded between the parties [1] by which the Defendant was to create and set up a website for the sports facilities to be opened and operated by the Plaintiff.

As appears from the contract, the delivery timeframe was to be between four to six weeks. [ 4 ] Maya Bitton, President of the Plaintiff, explains that the period of December 2012 was very important to advertise the opening of the new sports club and obtain as many memberships as possible, prior to the opening. [ 5 ] Initially, the club was to open at the end of December 2012, it was delayed due to construction and opened in late January 2013. [ 6 ] Ms. Bitton as well as Joachim Opara, Manager, stated that it was very difficult to obtain the work done by the Defendant.

He did not deliver what was promised and several meetings that had been scheduled were postponed. [ 7 ] The Defendant states that, on the contrary, he could not continue with the project until he received from the Plaintiff the required information. [ 8 ] This is denied by Ms. Bitton. More specifically, she refers to the extract of the website created by the Defendant [2] , when only images were posted that the Defendant obtained from the internet. This is confirmed by the Defendant admits that the images were extracted from an image bank. Ms.

Bitton adds that the only information to be put in was the description of the activities, which would have taken less than a day. THE ANALYSIS [ 9 ] As appears from many emails exchanged between the parties [3] , many meetings were postponed by the Defendant and the

Plaintiff clearly asked that the work be performed.

The Court concludes that the Defendant did not do any work for the equivalent of the amount of $1,465.93 paid to him. [ 10 ] As for the claim for damages of $5,000, no evidence was provided by the Plaintiff to support this claim. [ 11 ] It is possible that more members would have registered, had the website been fully operational in December, but no evidence was provided and this assumption is hypothetical, mostly due to the fact that the club did not start operating until the end of January. [ 12 ] Moreover, no evidence was provided that the Plaintiff paid for additional advertisement, that was never utilized or that it had no effect on recruiting members. [ 13 ] For these reasons, the Court will not grant any damages to the Plaintiff.

FOR THESE REASONS, THE COURT : GRANTS IN PART Plaintiff’s action; CONDEMNS the Defendant, Mexxus Multimedia, to pay to Plaintiff, 9251-0056 Canada Inc. the sum of $1,465.93, with interest, at the legal rate, plus an additional indemnity provided in the Civil Code of Quebec , as of February 25, 2013; WITH COSTS , in the amount of $218 for the judicial stamp of the demand. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: January 19, 2015