2014 QCCQ 10435, 2014 QCCQ 10435

JA0585 K-Do Créatività inc. c. 9176-2005 Québec inc. 2014 QCCQ 10435 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-22-197976-122 DATE: November 3, 2014. ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.C.Q. ______________________________________________________________________ K-DO CRÉATIVITÀ INC. Plaintiff v. 9176-2005 QUÉBEC INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from Defendant the sum of 61,699.88 $ in damages resulting from the purchase and delivery of defective merchandise. [ 2 ] Plaintiff’s claim is detailed in the following manner in paragraph 27 of the Motion to institute proceedings : “27. As a result of Defendant’s foregoing contractual defaults, Plaintiff suffered the following damages, which it is rightfully entitled to claim from Defendant:

a) An amount of $13,545.00 as reimbursement for Order number 5189;

b) An amount of $7,693.00 as reimbursement for the credit given to Group MTY given the defective product and the reduced order from 2000 to 1000 aprons;

c) An amount of $8,125.00, representing the loss of profit resulting from the defective Order;

d) An amount of $6,536.88, representing the costs associated with replacing the defective Order by a third party company;

e) An amount of $18,800.00, for loss of profit resulting from the loss of sales and goodwill with Groupe MTY;

f) An amount of $5,000.00 for damage to reputation;

g) An amount of $2,000.00, for loss of time and inconvenience, and costs in attempting to recuperate the defective aprons;” [ 3 ] Defendant and its attorney were not present at the hearing and consequently, no evidence in support of the Defendant’s plea was submitted to the Court. [ 4 ] Considering the evidence filed by Plaintiff namely Exhibits P-1 to P-15 and considering the affidavits of Johanne Lebeau, vice- president of operations of Plaintiff, the Court concludes that Plaintiff has established that its claim against Defendant is, in part, well founded in fact and in law. [ 5 ] More particularly, Plaintiff has established that it is entitled to the following damages :

a) Reimbursement of the amount paid for order no. 5189 : $13,545.00

b) Reimbursement for the credit given to Groupe MTY : $ 7,693.00

c) Loss of profits resulting from the delivery of defective order no. 5189 : $ 8,125.00

d) Loss of profits resulting from the loss of Groupe MTY as client : $ 16,250.00 TOTAL : $ 45,613.00 [ 6 ] Furthermore, after consideration of the evidence, the Court concludes that Plaintiff has not established that it is entitled to the damages claimed in paragraphs 27 d),

f) and

g) of the Motion to institute the proceedings. WHEREFORE, FOR THE FOREGOING REASONS, THE COURT: MAINTAINS Plaintiff’s action, in part; CONDEMNS Defendant to pay to Plaintiff the sum of $ 45,613.00 with interest at the legal rate plus the additional indemnity provided for by

article 1619 of the Civil code of Quebec as of July 10, 2012; THE WHOLE , with costs. __________________________________ ARMANDO AZNAR, J.C.Q. Me Matthew McLaughlin ROBINSON SHEPPARD SHAPIRO Attorney for Plaintiff Me Norton Segal PHILLIPS FRIEDMAN & ASSOCIÉS Attorney for Defendant Date of hearing: September 11, 2014.