Executive Summary: Key Legal and Evidentiary Issues

• Orage claimed unpaid service fees under an unwritten contract with Rodéo for event communication work.

• Rodéo challenged the invoice, citing lack of detail, failure to provide monthly cost updates, and limited deliverables.

• The Court found Orage breached its legal duty to inform and failed to document services and hours rendered.

• Despite the breach, the Court accepted that some work had been done and rejected Rodéo’s assertion that only three days of work were provided.

• The original claim was reduced by $4,000 due to insufficient evidence and failure to comply with requested cost reporting.

• No damages for inconvenience were awarded, and the final amount granted reflected a discretionary assessment of services rendered.

Facts of the case
9124-6629 Québec inc., operating as Orage Communication, provided communication, graphic design, and event planning services to Rodéo Mont-Sainte-Anne, a non-profit event organizer. The two parties had worked together informally since 2017, without a formal written contract. In early 2020, as in prior years, they discussed arrangements for the upcoming rodeo season. During a February meeting, Rodéo’s new administrators asked Orage for monthly cost updates and set an anticipated budget of $10,000 to $12,000 for the year.

The COVID-19 pandemic soon disrupted event plans. Although the 2020 rodeo did not occur, Orage submitted a single invoice in December 2020 for services performed from late 2019 to August 2020, claiming $11,842.48. It later sought an additional $1,000 in damages for inconvenience. Rodéo disputed the invoice, arguing it had not received the requested monthly breakdowns, was unaware of ongoing costs, and claimed very limited services were actually delivered.

Contractual obligations and legal analysis
The Court determined that the parties were bound by a contract of services governed by articles 2098 and 2100 of the Civil Code of Québec. Under these provisions, Orage had a duty to act diligently and in its client’s best interest. The Court found that Rodéo had explicitly requested monthly updates, and that Orage had breached its duty to inform (art. 2102 C.c.Q.) by failing to provide regular cost updates. This failure hindered Rodéo’s ability to monitor and manage its budget, particularly as a non-profit organization with limited financial flexibility.

Additionally, while Orage had testified that it performed significant work—including pre-event marketing, graphics, and coordination—the Court held that the company failed to substantiate its claimed hours and services. The invoice lacked detail on time spent per task, hourly rates, or total hours, and Orage failed to submit the requested supporting evidence even after being granted additional time.

Nonetheless, the Court accepted that some services were rendered, based on documentary evidence and past practices between the parties. It found Rodéo’s claim that only three days of work were performed to be inconsistent with the record. Text messages and project milestones, including ticket pre-sales and planning steps, supported Orage’s assertion that it had actively contributed to early 2020 event planning.

Assessment of damages and outcome
Although Orage breached its duty to inform and failed to provide detailed proof of services, the Court found a full denial of its claim would be unjust. Instead, it exercised discretion to reduce the claimed amount by $4,000, awarding $7,842.48. The Court rejected the claim for $1,000 in damages for inconvenience, finding no proof of harm and noting that interest on the unpaid invoice would fairly compensate for the delay.

Outcome
The Court partially granted Orage’s claim, ordering Rodéo Mont-Sainte-Anne to pay $7,842.48, plus legal interest from June 25, 2021, and $317 in legal costs. The ruling emphasizes the importance of transparency and documentation in informal service agreements and confirms that even absent a written contract, providers are still held to statutory obligations of diligence and communication.