Gerbeco inc. c. Axcès Trigone le Nicolas
GERBECO INC.
Law Firm / Organization
Torys LLP
Lawyer(s)

Guillaume Lavoie

MARC GERMAIN
Law Firm / Organization
Torys LLP
Lawyer(s)

Guillaume Lavoie

AXCÈS TRIGONE THE NICOLAS SEC
Law Firm / Organization
Not Specified
AXCÈS TRIGONE THE DRY MAIZERETS
Law Firm / Organization
Not Specified
AXCÈS TRIGONE THE GUILLAUME SEC
Law Firm / Organization
Not Specified
9387-4113 QUEBEC INC.
Law Firm / Organization
Not Specified
9349-6347 QUEBEC INC.
Law Firm / Organization
Not Specified

Overview:

  • Parties: Gerbeco Inc. and Marc Germain (Plaintiffs) vs. Axcès Trigone Le Nicolas, Le Maizerets, Le Guillaume, and two additional entities (Defendants).
  • Claim: Plaintiffs sought $18,050.34 for unpaid invoices related to real estate leasing services provided to the defendants.
  • Counterclaim: Defendants counterclaimed $33,590.33, alleging unauthorized commissions, improper withholding of tenant payments, and failure to pay rent by Marc Germain.

Key Facts:

  • Gerbeco facilitated the leasing of new apartments for Axcès Trigone properties.
  • Oral contract terms included fixed commissions per lease term (e.g., $525 for one-year leases).
  • Defendants alleged Gerbeco improperly claimed duplicate commissions and withheld tenant payments as advances against commissions.

Judgment Highlights:

  1. Validity of the Contract:

    • The court confirmed the oral agreement but found no evidence that lease renewals or assignments were included in commissionable services.
    • Duplicate commissions amounting to $5,975 were deducted, reducing Gerbeco's claim to $12,075.34.
  2. Defendants’ Counterclaim:

    • Defendants failed to provide convincing evidence for unauthorized commissions or mishandling of tenant payments.
    • Claims for unpaid rent linked to Germain’s tenancy were not addressed, as these were previously adjudicated by a rental tribunal.
  3. Solidary Liability:

    • Axcès Trigone Le Nicolas, Le Maizerets, and Le Guillaume were deemed jointly liable for the debt, given their shared control and operations.
  4. Other Defendants:

    • Claims against the two other entities (9387-4113 Québec Inc. and 9349-6347 Québec Inc.) were dismissed, as they were not proven parties to the agreement.
  5. Costs:

    • Gerbeco was awarded legal costs, but no additional compensation for alleged misconduct by the defendants’ counsel was granted.

Final Order:

  • Defendants Axcès Trigone entities to pay Gerbeco Inc. $12,075.34 with interest from September 8, 2022.
  • Claims against other parties and Marc Germain were dismissed.
Court of Quebec
200-22-092369-222
Civil litigation
$ 12,075
Plaintiff