2015 QCCQ 7115, 2015 QCCQ 7115

Murphy c. Zeidler 2015 QCCQ 7115 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL No: 500-32-142826-140 DATE: July 3, 2015 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ MARTIN P. MURPHY Plaintiff v.

RICHARD ZEIDLER -and- 8479631 CANADA INC. doing business under the name of GRAND ESCAPADES Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Martin P. Murphy claims the sum of $745.70 representing the difference in the exchange rate between U.S. and Canadian funds on a cheque reimbursed to him by defendant 8479631 Canada Inc. (“Grand Escapades”). Grand Escapades has not contested.

The other defendant, Mr Richard Zeidler, argues that he has committed no fault and in any case cannot be held personally liable. [ 2 ] The facts are simple. [ 3 ] Mr Zeidler, a travel agent, was acting for a different travel agency in September of 2013 when Mr Murphy reserved a cruise for himself and his wife. A deposit of $1 000.00 was then made. [ 4 ] During the fall of 2013, Mr Zeidler changed travel agencies bringing this file with him. [ 5 ] On January 14, 2014, Mr Zeidler came to Mr Murphy’s home to receive payment of the balance of the cruise. Mr Zeidler was then acting as mandatary for Grand Escapades.

He asked for a cheque in U.S. funds because he “assumed that the prices were quoted in U.S. funds”. This as it turns out, is entirely wrong. [ 6 ] Two days after remitting the cheque, Mrs Murphy requested to pay by credit card in order to earn bonus points. Grand Escapades and Mr Zeidler agreed to reimburse the previous payment made by cheque. [ 7 ] A cheque in U.S. funds was made to Mr Murphy on January 20, 2014 (the same day as the credit card payment was made in Canadian funds).

On remitting the cheque to Mr Murphy, Mr Zeidler advised him not to cash the cheque for a few days because it would not have sufficient funds. When cashed, the exchange rate had changed thus the difference of $745.70 in Canadian funds. DECISION [ 8 ] Mr Zeidler was negligent in requesting a payment in U.S. funds for the balance of the cruise. For a specialized travel agent, “assuming that the quote was in U.S. funds” is indefensible. Had Mr Zeidler been prudent and diligent, Mr Murphy would have made his cheque in Canadian funds and the damage suffered would never have occurred.

At the very least, when accepting a credit card payment in Canadian funds, both Grand Escapades and Mr Zeidler should have realised their error. [ 9 ] Both defendants committed a further fault by requesting that Mr Murphy postpone cashing the cheque. [ 10 ] The evidence is that on the day Mr Murphy’s U.S. funds cheque was cashed, it was worth $16, 656.37 in Canadian funds. This sum was received by Grand Escapades and this is the sum that should have been reimbursed to Mr Murphy.

Grand Escapades will therefore be condemned to pay the difference of $745.70. [ 11 ] As for Mr Zeidler personally, he was acting as mandatary for Grand Escapades. Having not exceeded his mandate, he cannot be held personally liable (art. 2157 of the C.C.Q .).

FOR THESE REASONS, THE COURT : GRANTS the claim, in part; CONDEMNS 8479631 Canada Inc., doing business under the name of Grand Escapades to pay to Mr Martin P. Murphy the sum of $745.70 plus interest at the legal rate and the additional indemnity provided for in

article 1619 of the Civil Code of Québec since the demand of April 22, 2014; CONDEMNS 8479631 Canada Inc., doing business under the name of Grand Escapades to reimburse Martin P. Murphy of his court fees in the amount of $74.25; DISMISSES the claim against Richard Zeidler personally, without cost. __________________________________ SCOTT HUGHES, J.C.Q. Date of hearing: June 1, 2015