2018 QCCQ 5022, 2018 QCCQ 5022

Blaisdell c. Shaw 2018 QCCQ 5022 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-700532-171 DATE: June 26, 2018 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ RORY BLAISDELL Plaintiff v.

TERENCE WADE SHAW Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Rory Blaisdell is suing Terence Wade Shaw for refund of amounts loaned. Despite being duly convened, Mr. Shaw did not appear at the hearing. After six (6) calls on the Court Intercom System by the Court Clerk and given Mr. Shaw’s absence, the Court proceeded by default. [ 2 ] The evidence of Mr. Blaisdell was clear and unequivocal. He lent amounts to Mr.

Shaw for a project having the name of the Canadian Shield Military and Veteran Student Services. At a certain point, this project became a federal not-for-profit corporation. [ 3 ] According to the evidence [1] , Mr. Blaisdell advanced to Mr. Shaw the amount of $4,121.65. [ 4 ] Mr. Shaw repeatedly acknowledged in writing the debt and promised in writing to repay the amount. [ 5 ] The amounts were incurred in July 2016, in particular on July 17 and July 20, 2016. [ 6 ] In a text message dated July 24, 2016 [2] , Mr. Shaw stated: “Anything not covered will be absorbed by me (the cost of getting things going…) …

I don’t mind though. It was my decision to go ahead with it.” [The Court has added bold to part of the text.] [ 7 ] Again, on August 14, 2016 Mr. Shaw acknowledged his personal debt to Mr. Blaisdell by e-mail [3] : “Also, thanks again for volunteering to cover the expenses until we deposit the cheques. However, it seems from your e-mail that you are no longer comfortable with this arrangement.

We will have you cleared of these expenses by the end of the week or I will personally take them over .” [The Court has added bold to part of the text.] [ 8 ] These acknowledgements were after the full amount claimed was told to Mr. Shaw. Accordingly, Mr. Shaw knew exactly the amount of the debt that he personally acknowledged. [ 9 ] There is no valid defense contained in the document filed as a contestation by the Defendant. [ 10 ] The testimony of an independent witness, James Seal, confirms in all relevant respects, the version of the facts presented by Mr.

Blaisdell. [ 11 ] Unfortunately, for reasons best known to Mr. Shaw, shortly after his acknowledgements he turned against Mr. Blaisdell. He refused to acknowledge the debt or he would only acknowledge owing a part of it. Thereafter, Mr. Shaw ignored Mr. Blaisdell’s reasonable and measured requests for payment. [ 12 ] On August 29, 2016, Mr. Shaw belittled Mr. Blaisdell’s request by replying “More drama” [4] . On September 5, 2016, Mr. Shaw’s only answer to a request for payment was: “There must be some mistake”, without providing any details. [ 13 ] On September 6, 2016, Mr. Shaw wrote to Mr.

Blaisdell that the latter would have to go through an attorney in order to proceed further to obtain a refund of monies owed. At the same time, Mr. Shaw accused Mr. Blaisdell of harassment. Mr. Shaw stated that he would be filing a complaint with the police in order to request a restraining order against Mr. Blaisdell [5] . [ 14 ] In the circumstances, in good faith, in order to advance his claim, Mr. Blaisdell complied with Mr. Shaw’s requirement that he hire an attorney. Mr. Blaisdell incurred costs to do so. Unfortunately the Demand Letters of the attorney were also ignored by Mr.

Shaw. [ 15 ] In the circumstances, and given that they result from a specific requirement of Mr. Shaw in order to advance the payment of the debt, the Court considers that the legal fees incurred by Mr. Blaisdell are also damages resulting from the default of Mr. Shaw to honour his obligation in accordance with

Article 1458 of the Civil Code of Quebec . Mr. Blaisdell’s damages are: Advance of money: $4,121,64 Legal fees: $845,07 Total: $4,966,71 [ 16 ] Mr. Blaisdell also claims damages for trouble, inconvenience and stress ($1,000). While the Court does not doubt that the entire situation and the additional financial stress caused unpleasantness on the part of Mr. Blaisdell, notably in light of the fact that

Mr. Blaisdell is a student, the Court will not grant this amount. The Court will instead follow

Article 1617 of the Civil Code of Quebec which states: 1617. Damages which result from delay in the performance of an obligation to pay a sum of money consist of interest at the agreed rate or, in the absence of any agreement, at the legal rate. [ 17 ] According to the evidence, Mr. Blaisdell is also entitled to legal costs (Article 229 of the Code of Civil Procedure ) as follows: Registered mail: $34.50 Bailiff’s returns: $76.69 Court Stamp Fee: $185.00 Total: $296.19 FOR THESE REASONS, THE COURT: CONDEMNS Terence Wade Shaw to pay Rory Blaisdell the amount of $4,966.71, with legal interest of 5% per year, plus the additional indemnity provided at

Article 1619 of the Civil Code of Quebec , from the date of the Demand Letter (Exhibit P-9), October 12, 2016; CONDEMNS Terence Wade Shaw to pay Rory Blaisdell legal costs of $296.19. __________________________________ Jeffrey Edwards, J.C.Q. Date of hearing: June 26, 2018