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Énergies Sonic inc. (Chauffage P. Gosselin) c. 94157575 Québec inc.

Facts:

  • Énergies Sonic Inc. (Sonic) sued 9415-7575 Québec Inc. and Martin Benoit for $40,580.76 in unpaid petroleum products.
  • Sonic also claimed $11,661.57 in penalties (25% of the debt) and 26.82% annual interest per contract.
  • Benoit, a personal guarantor, argued he was released after selling his shares to Eric Belisle, who agreed to assume obligations.

Court Findings:

  1. Benoit’s Guarantee Stands: The sale of shares didn’t release him; Sonic wasn’t a party to the agreement, and no written release was issued.
  2. No Credit Limit Enforcement: The contract didn’t require Sonic to cap credit at $15,000/month.
  3. Excessive Penalty & Interest: The 51.82% total charge was ruled abusive, and the court reduced it to 20% annually.
  4. Belisle Liable to Indemnify Benoit: Since he agreed to release Benoit from guarantees but failed, he must cover Benoit’s liability.
  5. Legal Fees Reduced: Benoit sought $25,629.90 from Belisle, but the court reduced it to $13,000 as excessive.

Final Judgment:

  • Benoit & 9415-7575 Québec Inc. must pay Sonic $40,580.76 + 20% interest.
  • Belisle must indemnify Benoit for the debt.
  • Belisle must also pay Benoit $13,000 in legal fees.
ÉNERGIES SONIC INC. faisant affaire sous le nom de Chauffage P. Gosselin
Law Firm / Organization
BMA Avocats inc.
Lawyer(s)

Manon Larocque

9415-7575 QUEBEC INC.
Law Firm / Organization
Unrepresented
MARTIN BENOIT
Law Firm / Organization
Bernier Fournier Inc.
Lawyer(s)

Katherine Côté

ERIC BELISLE
Law Firm / Organization
Not specified
Lawyer(s)

Éric Belisle

Court of Quebec
200-22-093020-238
Corporate & commercial law
$ 53,581
Plaintiff