2009 October 21

Création Alpha Design Inc. c. Gagnon, 2009 QCCQ 10511

The Quebec Court (Civil Small Claims) awarded $500 damages to the plaintiff company over a small posting by the defendant debtor on an Internet “cyberjournal” which read: “Cabinets of poor quality – I am looking for people who have done business with a company [stating its location] which make cabinets and who have had problems with the quality of their cabinets. Urgent, contact me please by email.” The Court noted that although the “cyberjournal” received 5,000 visitors a day, it could not be said how many read the posting. Although libel damages were limited to $500, the court felt it was necessary to send the message that one cannot write whatever you want on the internet and that media is subject to the same legal rules which govern other media. [The plaintiff also recovered judgment against the defendant for the indebtness for the cabinetry].