Executive Summary: Key Legal and Evidentiary Issues

• The plaintiff claimed damages for the employer’s refusal to complete a stage confirmation form and for delayed issuance of a certificate of employment.

• Defendant counterclaimed for damages, alleging financial loss and harm from the plaintiff’s sudden departure.

• The court examined whether either party committed a legal fault justifying damages.

• Evidence focused on communications regarding the employment status, requests for documentation, and compliance with statutory obligations.

• The tribunal assessed whether the employer’s refusal and timing of document delivery breached legal duties.

• Both parties’ claims were scrutinized for sufficient proof of actual damages suffered.

Facts and outcome

Keven Lesage, a former employee of 9413-1778 Québec inc., brought a claim before the Small Claims Division of the Court of Québec seeking $15,000 in damages. Lesage alleged that his ex-employer refused to complete a form confirming he had completed a stage (internship) as a heavy truck driver and delayed issuing his certificate of employment. Lesage argued that these actions caused him to lose income, suffer stress, and incur additional living expenses after relocating for a new job. The employer, 9413-1778 Québec inc., contested the claim and filed a counterclaim for $15,000, asserting that Lesage’s abrupt resignation caused financial loss and other damages to the company.

The court reviewed the evidence, including communications between the parties and the timeline of events. Lesage had worked as a regular employee, not as a stagiaire (intern), and the employer was not informed of any requirement to complete a stage form. The employer refused to fill out the form, stating that Lesage’s position was not a stage but a regular job. However, the employer did provide the required certificate of employment within a reasonable period after Lesage’s departure, in compliance with the Civil Code of Québec and the Act Respecting Labour Standards.

The court found that 9413-1778 Québec inc. was justified in refusing to complete the stage form, as there was no obligation to do so under the circumstances. The employer fulfilled its legal duty by issuing the certificate of employment in a timely manner. No evidence established that Lesage suffered the damages he claimed, such as lost income or additional expenses. Similarly, the employer’s counterclaim failed because there was no proof that Lesage’s departure caused the company any compensable harm.

Ultimately, the court rejected both the plaintiff’s claim and the defendant’s counterclaim. Each party was ordered to bear its own costs. There was no successful party, and no monetary award or costs were granted to either side, as the court found insufficient evidence of legal fault or damages on both claims.