2016 QCCQ 14382, 2016 QCCQ 14382

Laboratoire Numérique MC inc. c. Valente 2016 QCCQ 14382 COUR OF QUEBEC (Small Claims Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL Civil Division N° : 500-32-146521-150 DATE : September 29, 2016 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ LABORATOIRE NUMÉRIQUE MC inc. Plaintiff v.

AMERICO VALENTE -and- VICKY VALENTE Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from Defendants, sometime doing business under the name of Photo Portugal s.e.n.c., an amount of $1,370.42 representing the outstanding balance due for the printing of photographs at its laboratory. [ 2 ] Mr. Valente acknowledges that he is indebted to Plaintiff, but only for an amount of $1,268.48. Ms. Valente failed to contest the claim.

FACTUAL CONTEXT [ 3 ] Plaintiff operates a digital photo lab offering printing services to photographers. [ 4 ] Defendant Americo Valente is a photographer whose business includes the taking and selling of school photographs. He has been retaining Plaintiff’s printing services for his photographs on a regular basis since at least mid-2013. [ 5 ] In November and December 2013, two invoices totalling $2,704.67 [1] were left outstanding, even though Mr.

Valente continued to retain Plaintiff’s services thereafter and made partial payments for those services. [ 6 ] In September 2014, Plaintiff sent Defendants a letter of demand seeking payment of an amount of $2,220.40, which was returned to the sender. [2] It then filed the claim in the instant case for an amount of $2,230.42. [ 7 ] Defendants failed to contest the claim and, on October 23, 2015, judgment by default was rendered against Mr. Valente for an amount of $1,825.42, together with interest and costs. The claim was dismissed against Ms. Vicky Valente. [ 8 ] On March 7, 2016, Mr.

Valente sought the revocation of the judgment on the grounds that he had no knowledge of the claim because the address to which it was sent was not his. The grounds alleged in support of his application for revocation of judgment were considered sufficient by Justice François Bousquet, who ordered that the parties be convened for a hearing on the merits of the dispute. ANALYSIS [ 9 ] At the hearing, Plaintiff’s representative admitted that partial payments were made by Mr. Valente since the claim was filed and stated that the outstanding balance was of $1,370.42. [3] [ 10 ] Mr.

Valente acknowledges that he is indebted to Plaintiff, but claims it is for a lower amount of $1,268.48, as he is allegedly entitled to a credit of $101.94 for faulty prints produced by Plaintiff. He has not, however, provided any direct evidence of such faulty prints. [ 11 ] In the absence of any such evidence, the Court concludes that Plaintiff is entitled to the payment of the full amount of $1,370,42, together with interest and the legal indemnity provided by law and legal costs. [ 12 ] Plaintiff has not established any cause of action against the other Defendant, Ms.

Vicky Valente, and the claim must be dismissed against her. FOR THESE REASONS, THE COURT:

REVOKES the judgment by default rendered by Me Vincent-Michel Aubé, special clerk, on October 23, 2015; GRANTS the action in part and against Americo Valente only; CONDEMNS Americo Valente to pay to Laboratoire numérique MC inc. an amount of $1,370,42, together with interest at the legal rate, plus the additional indemnity stipulated in

article 1619 of the Civil Code of Quebec from the date of filing of the claim on March 31, 2015. THE WHOLE WITH LEGAL COSTS of $159 representing the judicial stamp of the application. __________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing : May 30, 2016