2014 QCCQ 11302, 2014 QCCQ 11302

Conicor Transport inc. c. S & S Forwarding Ltd. 2014 QCCQ 11302 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-142290-149 DATE: November 11, 2014 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ CONICOR TRANSPORT INC. Plaintiff v. S & S FORWARDING LTD.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff Conicor Transport Inc. (“Conicor”) sues S & S Forwarding Ltd. (“S & S”) for $2,000 (US) for payment of an invoice for transportation of refrigerated goods (tomatoes) from Crows Landing, California. S & S, a transportation broker, claims that it only acted as an agent or mandatary of Chenail, a third party.

Plaintiff did not appear at the trial, despite several Courthouse intercom announcements by the Court clerk at the hearing. [ 2 ] S & S was represented by Peter Snyder Jr. who testified on its behalf. According to Mr. Snyder, in the industry of trucking transportation brokerage, it is a well established usage and custom that the broker has no responsibility for the payment owed to the client transportation company. Mr. Snyder refers to terms to that effect in his contractual documents which refer to S & S as “agents only on behalf of our principals”.

In the absence of Plaintiff, this statement is not contested. [ 3 ] According to the exhibits in the file and the testimony of Mr. Snyder, it appears that the stipulated delivery date was October 24, 2013, a Thursday. The shipment arrived on October 26, 2013, a Saturday. According to Mr. Snyder, this is because the driver of the truck was arrested and charged for driving under the influence of alcohol.

The client third party Chenail deducted $500 for each late day (2 x 500: 1000) and an additional $1,000 for loss of sales and overly ripened condition since the tomatoes could only start to be sold on the following Monday. The transportation contract (D-4) appears to allow for that reduction by specifying a $500 per day penalty for late arrivals plus “damages”. [ 4 ] In light of the above, the proceeding by Conicor will be dismissed. Defendant did not insist on the Court costs being the Court fee.

FOR THESE RASONS, THE COURT: DISMISSES the motion by Conicor Transport Inc.; WITHOUT COSTS . __________________________________ Jeffrey Edwards, J.C.Q.

Date of hearing: October 28, 2014