2022 QCCQ 12921, 2022 QCCQ 12921

9325-0249 Québec inc. c. 9373-0414 Québec inc. 2022 QCCQ 12921 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-709507-190 DATE : November 14, 2022 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ 9325-0249 QUÉBEC INC. Plaintiff c. 9373-0414 QUÉBEC INC.

ERNESTO PASAG and ROWENA PASAG Defendants ARMCO IMMOBILIER Impleaded Party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff 9325-0249 Québec Inc. ( 9325 ) claims that the Defendant 9373-0414 Québec Inc. ( 9373 ), represented by the Co- Defendants Ernesto and Rowena Pasag, abused its relationship with 9325’s client, Syndicat EQ8 ( EQ8 ), resulting in the cancellation of its contract with EQ8 and the loss of future contracts. [ 2 ] In addition, 9325 claims damages following the dishonest behaviour adopted by 9373. [ 3 ] 9373 and the Co-Defendants Pasag deny any liability. [ 4 ] By its Cross-Claim, 9373 initially claimed damages of $14, 000, that it has reduced to $4,111.52, representing the unpaid services for the work performed on behalf of 9325. [ 5 ] 9373 and the Co-Defendants Pasag request the intervention of ARMCO Immobilier ( ARMCO ), the company that employed 9325.

THE CONTEXT [ 6 ] ARMCO is a developer and built two condominium buildings, known as 6900 boulevard Newman and 7051 Allard Street in LaSalle. [ 7 ] In 2016, ARMCO transferred the management of the buildings to EQ8. [ 8 ] Ernesto Pasag is an employee of ARMCO. He manages the latter's buildings. [ 9 ] When ARMCO transferred the management of the buildings to EQ8, Pasag's duty was to manage other buildings.

He also did the maintenance of the building with the help of two employees. [ 10 ] Ernesto Pasag, a friend of Aaron Sauncion, 9325’s representative, requested that it take on part of his responsibilities, namely, to clean the indoor parking. [ 11 ] No contract was concluded between 9325 and 9373 or with Ernesto Pasag, but a service agreement was concluded between 9325 and EQ8 in November 2017 [1] . [ 12 ] 9325 was paid $4,850 plus tax per month out of which $3,500 plus tax was paid by 9325 to 9373. [ 13 ] George Armoyan and Marty Ounanian respectively Vice-President and President of ARMCO knew of this arrangement between 9373, Ernesto Pasag and 9325. [ 14 ] On May 3, 2018, EQ8 terminated its contract with 9325 [2] .

All the invoices issued by 9325 for the services provided were paid

until June 8, 2018, the last day of work of 9325. From the exchanges of emails between Valeriya Aydakova and Aaron Sauncion, there were many complaints about the quality of the cleaning of the parking. [ 15 ] Mr. Armoyan explains to the Court that the parking is cleaned once a year. In April 2018, Ms. Aydakova, an employee of EQ8, requested that the co-owners move their cars in order that 9325 clean the parking. [ 16 ] According to Ms.

Aydakova's complaints, many spaces on both levels of the parking were not cleaned forcing the co-owners to move their cars a second time, resulting in a monetary compensation to the co-owners. [ 17 ] Mr. Armoyan adds that he had been dissatisfied by the work performed by 9325 since before April 2018, but the issue with the parking prompted the cancellation letter. [ 18 ] His testimony is confirmed by Mr.

Ounanian who received many complaints by the co-owners for the work performed by 9325, who always had an excuse. [ 19 ] This state of affairs was also confirmed by Salvador Coro, a co-owner who was also a pass President of EQ8, who complained many times about the quality of the cleaning in the parking, as well as Michel Mbonimpa, also a co-owner, who testified that the cars in the parking were always dirty with dust. [ 20 ] Under the circumstances, although 9373 did incur expenses to purchase a machine to clean the parking, the cost of which it claims, considering the testimony of the many witnesses, the Court concludes that EQ8 was justified in cancelling the contract with 9325. [ 21 ] If 9325 suffered damages, this resulted from the poor quality of work provided and not because of the dishonest behaviour by 9373 or Ernesto Pasag or Rowena Pasag. [ 22 ] As for 9373’s Cross-Claim totalling $4,111.52 [3] , Mr.

Sauncion confirms that the amount is owed to 9373. FOR THESE REASONS, THE COURT: DISMISSES Plaintiff's claim; WITH COSTS in the amount of $205 owed to the Defendants 9373-0414 Québec Inc. and Ernesto and Rowena Pasag; GRANTS the Cross-Claim of 9373-0414 Québec Inc as amended; CONDEMS the Plaintiff 9325-0249 Québec Inc. to pay to the Defendant 9373-0414 Québec Inc. the sum of $4,111.52; WITH COSTS in the amount of $103 representing the cost of the Cross-Claim. ________________________ DIANE QUENNEVILLE, J.C.Q.