2021 QCCQ 4739, 2021 QCCQ 4739

Pool c. Cirque Éloize 2021 QCCQ 4739 COUR DU QUÉBEC « Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Division» No: 500-32-712880-204 DATE : June 2, 2021 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS ROBERGE, J.C.Q. ______________________________________________________________________ TREVOR POOL Plaintiff v.

CIRQUE ÉLOIZE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Tribunal is seized of an application for inadmissibility submitted by Cirque Éloize ( Cirque ) to dismiss the action of Mr. Trevor Pool ( Artist ) claiming $15.000 for breach of a musician's contract for a tour of shows in 2019-2020. [ 2 ] The Cirque claims that it is not the Artist's employer, and that there is no legal relationship between them [1] .

It is rather Théatre T&cie inc. ( Théatre ) which hired the services of the Artist according to a service contract [2] . [ 3 ] The Artist is not present at the hearing, although duly notified and called to the courthouse. He does not present grounds for contesting the application. THE DISPUTED ISSUE [ 4 ] The Tribunal must decide the following issue: Is there a legal relationship between the Artist and the Cirque?

ANALYSIS [ 5 ] According to the Civil Code of Québec ( C.c.Q ), a distinction must be made between natural persons and legal persons, each of which has its own legal personality and its own patrimony [3] . Here we have three different legal entities involved according to the Registraire des entreprises du Québec . Cirque is a non-profit legal entity incorporated in 1993. The Théatre is another legal entity in the form of a company incorporated in 2003.

Productions Éloize inc. ( Productions ) is also another legal entity in the form of a company incorporated in 1998. [ 6 ] Productions is the shareholder of Théatre which belongs to it. Mr. Jean Painchaud is the shareholder of Productions which belongs to him. [ 7 ] The evidence reveals that the contract was signed between the Théatre and the Artist in April 2018.

It is renewed in June 2019 until September 2020 [4] . [ 8 ] The Artist is informed in October 2019 that the contract will end in February 2020 given the cancellation of the tour of shows for «force majeure [5] ». [ 9 ] The Tribunal considers that the contract is concluded between the Théatre and the Artist. The Cirque is not directly involved in the contract. [ 10 ] The Tribunal concludes that there is no legal relationship between the Artist and the Cirque.

The Artist's legal action must be taken against the Théatre, which is a legal person distinct from the Cirque. [ 11 ] In view of the potential confusion between undertakings and the legal complexity associated to the separate legal personalities, the Court considers that it is not justified to order the Artist to pay the legal costs. WHEREFORE THE COURT HEREBY: ALLOWS the request for dismissal; DISMISS Trevor Pool's legal claim against Cirque Éloize;

WITHOUT THE LEGAL COSTS . _______________________________ JEAN-FRANÇOIS ROBERGE, J.C.Q. Date of hearing: May 31, 2021