2012 QCCQ 1055, 2012 QCCQ 1055

Industries A. Rafco inc. c. 9197-6787 Québec inc. 2012 QCCQ 1055 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-124734-106 DATE: February 15, 2012 ______________________________________________________________________ PRESIDED BY THE HONOURABLE HENRI RICHARD, J.C.Q. ______________________________________________________________________ LES INDUSTRIES A. RAFCO INC.

Plaintiff v. 9197-6787 QUÉBEC INC. and MAUREEN ONEIL FENIUK and SHAWN FENIUK Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Les Industries A. Rafco inc. (heinafter " Rafco ") claims solidarily from the Defendants an amount of $3,028.32 for merchandise sold and delivered. [ 2 ] Only Shawn Feniuk files a contestation in which he alleges that: "All items were sold to 9197-6787 Québec inc., a legal entity in the province of Québec.

The company is bankrupt and has no operating bank accounts". [ 3 ] At trial, Shawn Feniuk is not contesting the amount and the merit of Rafco's claim against 9197-6787 Québec inc. [ 4 ] Mr Feniuk testifies that 9197-6787 Québec inc. is insolvent and is no more operating.

Also, he adds that his mother, Maureen Oneil Feniuk, was never involved in the said company. [ 5 ] On July 9, 2008, Shawn Feniuk signs a "Credit application" with Rafco for the purpose of operating his dry-cleaning business. [ 6 ] In the Credit application, it is provided: "Customer (the owner of the company & business) is responsible individually and jointly with his company for all the purchases over due accounts and unpaid invoices." [ 7 ] Shawn Feniuk signs this Credit application as the "owner" of 9197-6787 Québec inc. [ 8 ] From the evidence adduced, the Court concludes that Rafco establishes the merit of its claim of $3,028.32. [ 9 ] Also, in accordance with the Credit application duly signed by Mr Feniuk, the Court has no choice but to grant Rafco's application against him. [ 10 ] As for Ms Maureen Oneil Feniuk, Rafco fails to establish any contractual or legal link with her.

THEREFORE, the Court: GRANTS Les Industries A. Rafco inc.'s claim against 9197-6787 Québec inc. and Shawn Feniuk; CONDEMNS solidarily 9197-6787 Québec inc. and Shawn Feniuk to pay to Les Industries A. Rafco inc. the amount of $3,028.32, with interest at the annual rate of 5 % and the additional indemnity provided for under

Article 1619 of the Civil Code of Québec , as from July 8, 2010, and the judicial costs of $176; DISMISSES Les Industries A. Rafco inc.'s claim against Maureen Oneil Feniuk, without costs.

__________________________________ Henri Richard, J.C.Q. Date of hearing: February 7, 2012