2018 QCCQ 416, 2018 QCCQ 416
Opinion
Khalid c. Glimps Media inc. 2018 QCCQ 416 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-155296-165 DATE: January 24, 2018 ______________________________________________________________________ BEFORE THE HONOURABLE ÉRIC DUFOUR, J.C.Q. ______________________________________________________________________ ASAD KHALID Plaintiff vs. GLIMPS MEDIA INC.
Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims $6,256.71 from Defendant under a contract of employment signed by the parties on August 14, 2016 [1] . [ 2 ] Defendant has informed the Court of its choice to withdraw its cross demand. Defendant was nevertheless called and its absence was duly noted in the minutes.
Plaintiff was authorized to present its case ex parte of the Defendant company. [ 3 ] Plaintiff has proven his case. [ 4 ] According to the contract, Plaintiff was supposed to receive $600 per week. As he testified, Plaintiff worked from August 14, 2016 to October 23, 2016. On that date, Defendant informed Plaintiff of the termination of his employment. [ 5 ] Defendant did not pay Plaintiff for the job done between September 14, 2016 and October 23, 2016, for a total wage of $3,685.71.
Although Plaintiff received a check of $3,000, it was returned for insufficient funds [2] . [ 6 ] In addition, Plaintiff is entitled to receive a Notice of Termination of 30 days from written notice, according to
section 11 of the contract. This means that Defendant must pay Plaintiff $2,400 ($600 X 4 weeks). [ 7 ] On November 25, 2016, Plaintiff sent a Demand letter to Defendant, claiming $3,685.71 [3] . [ 8 ] Defendant is still indebted toward Plaintiff for $6,085.71. For these reasons, the COURT: [ 9 ] GRANTS Plaintiff’s application; [ 10 ] CONDEMNS Defendant to pay to the Plaintiff $6,085.71, with interests at legal rate and additional indemnity according to
section 1619 C.c.Q. from November 25, 2016 on an amount of $3,695.71, the remaining amount allowed bearing interests at legal rate from February 8, 2017. __________________________________ ÉRIC DUFOUR, J.C.Q. Date of hearing: January 16, 2018
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