2012 QCCQ 9700, 2012 QCCQ 9700

Benjamin c. ADT Securty Services Canada Inc. 2012 QCCQ 9700 COURT OF QUEBEC Small claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-121853-107 DATE: October 25, 2012 ______________________________________________________________________ PRESIDED BY THE HONORABLE DAVID L. CAMERON ______________________________________________________________________ Fenton BENJAMIN […] Montreal, Quebec, […] Plaintiff v.

ADT SECURTY SERVICES CANADA Inc. 5700 Henri Bourassa Ouest Saint-Laurent, Quebec, H4R 1V9 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff, Mr Fenton Benjamin, a former client of ADT SECURITY SERVICES CANADA Inc (ADT) sues ADT for damages alleged as a result of ADT'S termination of his alarm-service contract as of August 2007. [ 2 ] He claims $7,000, the limit of the small claims division. [ 3 ] ADT contests alleging that it terminated the contract as of right because of Mr Benjamin's conduct.

It also alleges that Mr Benjamin released it from all liability in a settlement agreement. [ 4 ] After Mr Benjamin's service contract was unilaterally terminated by ADT, the parties reached an agreement that is set out in a document entitled "final release".

In return for releasing ADT for any claim, Mr Benjamin accepted credits totalling $552.66 consisting of $319.06 for the monitoring service fee from February 1 st to August 30 plus $223.60 for a service invoice. [ 5 ] The parties having made a settlement in this matter, it is a simply question of payment and ADT submits to judgment for this amount. [ 6 ] Because of the final release, is not necessary to discuss the question whether ADT was justified in terminating the contract because of the Plaintiff's conduct.

FOR THESE REASONS, THE COURT: GRANTS the Plaintiff's action in part; CONDEMNS the Defendant to pay to the Plaintiff the amount of $552.66 with interest at the legal rate of 5% per annum and the additional indemnity provided by

article 1619 of the Civil Code of Quebec calculated from February 3, 2010; THE WHOLE, without costs.

__________________________________ DAVID L. CAMERON Date of hearing: October 15, 2012