Executive Summary: Key Legal and Evidentiary Issues

• Technic Électrique claimed payment of $11,728.87 from Boucherie La Bête Gourmande inc. for electrical work, plus interest at an annual rate of 24%.
• La Bête Gourmande counterclaimed for $4,500, alleging defective workmanship and overbilling, and seeking damages for troubles and inconveniences.
• Allegations of defective work were unsupported, as the defendant failed to present technical evidence, repair invoices, or expert opinion.
• Several alleged defects were attributed to a different contractor, not to Technic Électrique.
• A corporate entity such as La Bête Gourmande cannot claim moral damages for troubles and inconveniences under established Quebec law.
• The signed delivery order confirmed acceptance of the 24% annual conventional interest rate applicable to the first invoice.

Facts of the case

Technic Électrique, the plaintiff, performed electrical work for Boucherie La Bête Gourmande inc. (La Bête Gourmande), a corporate defendant whose representative, Richard Roussy, acknowledged having retained its services. A first invoice dated November 6, 2023, totalling $11,529.96, was issued and accompanied by a delivery order signed by Mr. Roussy. The invoice itemized the materials supplied and the labour hours performed. Despite repeated payment requests that went unanswered, Technic Électrique agreed to carry out additional work at La Bête Gourmande's request, resulting in a second invoice dated June 14, 2024, for $198.91. La Bête Gourmande refused to pay either invoice, citing alleged defective workmanship and overbilling, and filed a counterclaim for $4,500 — comprising $3,000 for corrective work and $1,500 for troubles and inconveniences.

Contractual terms at issue

The delivery order signed by Mr. Roussy included a conventional interest clause providing for a rate of 24% per year on amounts unpaid after 30 days from the date of invoicing. No comparable interest arrangement was established for the second invoice dated June 14, 2024. The court considered these terms in light of Article 1617 of the Civil Code of Québec, which governs the accrual of interest on monetary obligations, and Article 1619, which provides for an additional indemnity.

Court's reasoning and analysis

The court examined each ground raised by La Bête Gourmande in turn and found them unsubstantiated. The allegation regarding faulty installation of the main circuit breaker was dismissed outright, as the evidence established that this work had been carried out by a different contractor, not Technic Électrique. The claim concerning a defective electrical outlet similarly failed, as the defendant did not demonstrate that Technic Électrique had installed it. As for the replaced neons and ballasts, the representative of Technic Électrique, Samuel Lambert, testified that all lighting fixtures had been replaced with new units and were fully functional upon completion of the work, and no prior complaints had been made. The allegation that apprentice labour had been billed at a journeyman rate was raised without supporting evidence; the evidence instead showed that Technic Électrique charged hourly rates based on the skill level of the workers assigned, and no agreement to the contrary was proven.

The court found La Bête Gourmande's allegations of defective work and overbilling to rest on bare assertions unsupported by objective technical evidence, corrective work invoices, or expert opinion. The court further noted that the defendant had not notified Technic Électrique of the alleged defects, nor had it given Technic Électrique the opportunity to remedy them. The counterclaim for $1,500 in troubles and inconveniences was rejected on two grounds: first, as a legal person (corporation), La Bête Gourmande cannot claim moral damages of a subjective nature; and second, no evidence was adduced in support of that claim. The court found the testimony of Samuel Lambert to be sincere and credible, and accepted the documentary evidence as establishing, on a balance of probabilities, the existence and quantum of the debt.

Ruling and overall outcome

The court granted the main claim in full and rejected the counterclaim in its entirety. Technic Électrique succeeded on all points. La Bête Gourmande was ordered to pay the total sum of $11,728.87, broken down as follows: $11,529.96 bearing interest at the conventional annual rate of 24% from December 7, 2023, and $198.91 bearing interest at the legal rate plus the additional indemnity under Article 1619 of the Civil Code of Québec from October 27, 2024. La Bête Gourmande was also ordered to pay court costs of $364, bringing the total amount awarded to Technic Électrique to $12,092.87.