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Scutelnic v. 10069426 Canada inc.

Case Overview:

  • Scutelnic and Spinei have known each other since 2019.
  • Scutelnic paid 10069426 Canada Inc. for materials intended for home renovations, but they were never delivered.
  • He claimed $63,002.28 for undelivered goods, plus amounts for a trailer and gutter installation.
  • The defendants failed to respond, and the Court proceeded in their absence.

Key Issues:

  1. Did the plaintiff prove his contractual claims?

    • Yes, for the $63,002.28 claim, as evidence confirmed payment and non-delivery.
    • No, for other claims (trailer, gutters, damages).
  2. Are compensatory or punitive damages warranted?

    • No, due to insufficient proof.
  3. Can Spinei be held personally liable?

    • Yes. The Court found that Spinei acted in bad faith and committed fraud by accepting payment without ordering the goods.
    • The corporate veil was lifted, holding him personally liable.

Final Judgment:

The Court partially grants the claim and:

  • Cancels the purchase contract.
  • Orders both defendants to pay $63,002.28 plus legal interest (from November 14, 2024).
  • Orders the defendants to cover legal costs.

Key Takeaways:

  • Fraud confirmed: Spinei took payment without intent to deliver.
  • Corporate veil lifted: Spinei held personally liable.
  • Partial claim approval: Only the amount for undelivered goods was granted.
MARIN SCUTELNIC
Law Firm / Organization
Brais and Associates
Lawyer(s)

Samuel Boivin

10069426 CANADA INC.
Law Firm / Organization
Not specified
ANDREI SPINEI
Law Firm / Organization
Not specified
Court of Quebec
500-22-282255-242
Corporate & commercial law
$ 63,002
Plaintiff