2017 QCCQ 7304, 2017 QCCQ 7304

JGK Construction & Tec inc. c. Lang 2017 QCCQ 7304 COURT OF QUÉBEC (Small Claims Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-150255-158 DATE: May 2, 2017 ______________________________________________________________________ BEFORE THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ jgk construction & tec inc. Plaintiff v. yan hua lang -and- YANMING INC.

Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from Ms. Yan Hua Lang and Yanming Inc. (“ Yanming” ) an amount of $8,892.10 representing the balance due for services and equipment sold for the purpose of installing two walk-in cooler units in a restaurant located in St-Hyacinthe. [ 2 ] Ms. Lang contests the claim on the basis that she did not personally contract with Plaintiff or retain its services. Yanming did not contest the claim. FACTUAL CONTEXT [ 3 ] Some time in 2013, Ms.

Lang contacted Mr. Hang Zhang, Plaintiff’s principal, to request that Plaintiff install two walk-in cooler units in a restaurant located in St-Hyacinthe. [ 4 ] Plaintiff had previously provided services to Ms. Lang and her husband before for other restaurants that they operated. [ 5 ] Mr. Zhang initially refused because of the distance between his premises in Brossard and the restaurant, but he eventually accepted on Ms. Lang’s insistence and because of their long-standing relationship. [ 6 ] The cost of the work, which totalled $10,892.10, was invoiced in March 2014. [1] Mr.

Zhang claims that after the work had been completed, he was asked by Ms. Lang’s son to add Yanming’s name on the invoices, which he did. [ 7 ] According to Mr. Zhang, Ms. Lang paid $2,000 cash as a partial payment of the outstanding invoices. He claims that in response to his subsequent attempts to obtain payment of the outstanding balance ($8,892.10), Ms. Lang requested further time to pay, but eventually changed her position and stated that only Yanming was liable for the outstanding amounts. [ 8 ] On October 4, 2015, Plaintiff sent Ms.

Lang a letter of demand requesting payment of the outstanding balance of $8,892.10 within ten days. [2] It filed its claim on December 11, 2015. ANALYSIS [ 9 ] The evidence shows that Plaintiff was retained to provide the services and equipment at issue, that it provided said services and equipment and that it is entitled to payment of the outstanding balance of $8,892.10. [ 10 ] Yanming’s liability for this amount is uncontested. The single question at issue is whether Ms.

Lang personally contracted with Plaintiff and is personally liable for the amount claimed. [ 11 ] Plaintiff has proven on a balance of probabilities [3] that Ms. Lang indeed personally contracted with Plaintiff and that she is personally liable for the amount outstanding. [ 12 ] The Court accepts Mr. Zhang’s testimony that the services were requested by Ms. Lang personally without any mention of Yanming and that he would not have accepted to take on the work on behalf of Plaintiff were it not for his personal relationship with her. Ms.

Lang herself admits that she has retained Plaintiff’s services in the past for a restaurant that she owned personally in Montréal. This corroborates Mr. Zhang’s testimony. [ 13 ] The Court also accepts Mr. Zhang’s testimony that it is Ms. Lang who gave him $2,000 in partial payment for Plaintiff’s services, again without any mention of Yanming, later claiming that only Yanming was liable. This shows that Ms. Lang considered

herself personally responsible. [ 14 ] Ms. Lang’s testimony to the effect that her involvement was on behalf of Yanming, which is allegedly her son’s company, and not on her own behalf is not credible and the Court prefers the testimony of Mr. Zhang. FOR THESE REASONS, THE COURT: GRANTS the action; CONDEMNS Yan Hua Lang and Yanming Inc. solidarily to pay to JGK Construction & Tec Inc. an amount of $8,892.10 together with interest at the legal rate and additional indemnity stipulated in

article 1619 of the Civil code of Québec from October 15, 2015. WITH LEGAL COSTS of $250 representing the stamp on the Application. __________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: February 27, 2017