2011 QCCQ 8382, 2011 QCCQ 8382

Salamon c. 4438663 Canada inc. 2011 QCCQ 8382 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-115283-097 DATE: July 12, 2011 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ ZORAN SALAMON [...], Montréal, Québec [...] Plaintiff v. 4438663 CANADA INC. 101, Louvain Ouest, Montréal, Québec H2N 1A3 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff, Zoran Salamon, is claiming $3,650 from Defendant, 4438663 Canada inc., alleging Defendant failed to pay him for renovation work done on its behalf.

Defendant denies the claim. The evidence: [ 2 ] Plaintiff, a janitor in a building situated on Edouard Montpetit Avenue, in Montreal, met Defendant's representatives before Defendant acquired the building in March 2008. They told him he would be kept as a superintendent, with the same salary and benefits. [ 3 ] Plaintiff testified that after visiting four vacant apartments with Defendant, Defendant asked him to fix these units for rent. Plaintiff says he purchased material and cleaning items.

His wife cleaned the units and from March 10 to April 10, 2008, and he plastered, painted and did some repairs. [ 4 ] On April 10, 2008, Defendant terminated Plaintiff, as a janitor. Plaintiff sent Defendant his bill for the work and materials. He has not been paid. [ 5 ] Defendant agreed it would continue the status quo regarding Plaintiff's job until it made other arrangements. Defendant denies it contracted with Plaintiff for the work in question and claims it never authorized the purchase of material.

Plaintiff was only asked to empty the apartments of goods left behind and to clean them. [ 6 ] On April 15, 2008, Defendant hired independent contractors to renovate, paint and plaster apartments numbers 501, 503, 303 and 506 between April 20, 2008 and June 30, 2008. Analysis: [ 7 ] Plaintiff contends that after reviewing the work to be done in the vacant apartments with Defendant, he told Defendant how much he usually charged. According to Plaintiff and his wife, who was present during the conversation, Defendant agreed that the couple would do the work; they then cleaned, plastered and painted the vacant units.

Plaintiff had done such projects in the past and Defendant had agreed to the status quo until the situation changed.

[ 8 ] Defendant hired workers in April 2008 after it fired Plaintiff. The new contractors worked in four apartments; their main job was renovating the kitchens and bathrooms. [ 9 ] The Court concludes that Defendant authorized Plaintiff to continue to work as he did before, which included plastering and painting, and he and his wife did the work listed in Plaintiff's bill. It was only after Plaintiff's dismissal that Defendant decided to proceed to have extensive renovations carried out, by other contractors. [ 10 ] Given that Plaintiff worked in various apartments, he is entitled to compensation.

Plaintiff is claiming $3,650, which includes a Visa account containing charges for gas and supplies from Reno (P-1), Plaintiff's bill for cleaning, plastering and painting and materials P-2 ($3019.18) and a bill for $210 for his maintenance services, use of a washing machine and Videotron (P-3). [ 11 ] The Court retains the amounts sought but removes the following items: the cost of gas in P-1 ($102.85) since there is no evidence as to Plaintiff's entitlement to this expense, the materials listed in P-2 for a total of $660 since no documentation was presented in support of these purchases and the cost of the use of a washing machine and Videotron, listed in P-3 ($60.79). [ 12 ] After removing the above mentioned sums, the total amount awarded comes to $2,853.11.

FOR THESE REASONS, THE COURT: GRANTS , in part, Plaintiff's action; CONDEMNS Defendant, 4438663 Canada inc., to pay Plaintiff, Zoran Salamon, the sum of $2,853.11 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec , since January 6, 2009, plus judicial fees of $126. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: May 3, 2011