2017 QCCQ 8096, 2017 QCCQ 8096

Kenley c. Laboratoires Delon (1990) inc. 2017 QCCQ 8096 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-152058-162 DATE: July 13, 2017 ______________________________________________________________________ BEFORE THE HONOURABLE ERIC DUFOUR J.C.Q. ______________________________________________________________________ ALAN KENLEY Plaintiff v. LABORATOIRES DELON

(1990) INC. Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from the Defendant $15,000.00 for services he rendered between May 2013 and March 2014. Plaintiff acted at the request of and on behalf of the Defendant in respect of negotiations, assistance and acquisition of brands and companies in the cosmetic and beauty products industry. [ 2 ] The parties agreed upon and signed a contract [1] called « Sales & Marketing Consulting Agreement ».

The contract provides that Plaintiff’s compensation shall be a commission of 2% on the net sales of all products ordered, delivered or sold. [ 3 ] Defendant denies owing any amount of money to Plaintiff. Witness for the Defendant, Mr. Lior Benzur, Chief Financial Officer, explained that the only contract the parties agreed upon and signed is exhibit D-1.The Court also heard Mr. Mayer Sasson, who concurs with everything asserted by Mr. Benzur.

Both acknowledged that Plaintiff did put the Defendant and third parties together in the hope of concluding deals leading to the sales of products in Quebec and Canada – even abroad. But none of the abovementioned deals came to fruition. Consequently, no compensation is due to Plaintiff. [ 4 ] Plaintiff conceded at the hearing that he knew that the contract did not provide compensation for all the work done prior to any sales of the products in the case where no sales are made. He frankly admitted that he hoped, considering the long and close relationship he and Mr.

Sasson had for many years, the Defendant would somehow compensate him for that work. [ 5 ]

Section 2863 of the Civil Code of Québec prohibits a party to a contract to contradict it, except where a commencement of proof is made. Nothing in the evidence adduced by Plaintiff can be considered as a commencement of proof. [ 6 ] Plaintiff also argued that an oral contract intervened between the parties pertaining to the compensation for the work done despite any sales.

Section 2862 of the Civil Code of Québec prohibits the proof of a contract of more than $1,500.00 between the parties except where a commencement of proof is made. Again, no such commencement of proof was made before the Court. [ 7 ] A contract is the law binding on the parties who signed it. Contract D-1 and the law of evidence provided for in the Civil Code of Québec also bind the Court. [ 8 ] FOR THESE REASONS, THE COURT : [ 9 ] DISMISSES Plaintiff’s action; [ 10 ] WITH COSTS of $300.00 representing the fees paid on the contestation. __________________________________ ERIC DUFOUR, J.C.Q.

Date of hearing: June 29, 2017