Formal notice letter for breach of contract

Cabinet avocat-montreal.ca
1234 Example Street
Montreal, Quebec H2X 1Y7
Phone: 514-123-4567
Email: contact@avocat-montreal.ca

Montreal, June 27, 2024

To:
Ms. Julie Tremblay
5678 Avenue des Lilas
Longueuil, Quebec J4K 2P3

File reference: AMM-2024-0627-JT

Re: Formal notice – breach of contract

We hereby send you a formal notice regarding the clear non-performance of your contractual obligations under the agreement entered into on March 15, 2024. Despite our previous communications, you have not complied with the agreed terms, which seriously compromises the proper performance of the contract. This letter reminds you of your commitments and requires that you honour them, failing which legal proceedings will be taken.

Statement of facts

On March 15, 2024, you entered into a contract with our client for the provision of marketing consulting services for an amount of $15,000 payable in three instalments. Under this contract, you undertook to deliver a detailed analysis report no later than June 15, 2024. To date, we have still not received this report, in clear breach of the agreed terms and deadlines.

Several follow-ups, in particular on May 20, 2024 and June 10, 2024, have received no satisfactory response from you. This failure to deliver is causing our client financial loss and harm to the proper management of its projects.

Legal basis

Under articles 1371 and following of the Civil Code of Québec (C.C.Q.), a contract binds each party to honour the commitments made in good faith. Article 1458 C.C.Q. requires compliance with the contractual terms and the agreed deadline. Under article 1590 C.C.Q., the creditor may demand the specific performance of the obligation or the resolution of the contract in the event of a serious breach^[1].

Demands

• Deliver the detailed analysis report in accordance with the terms of the contract within 10 business days of receiving this letter;
• Provide us with a written explanation if it is clearly impossible to meet this deadline;
• Cease any further omission or delay in the performance of your contractual obligations.

We invite you to comply strictly with these demands in order to avoid any litigation.

Should you fail to comply with this formal notice within the time limit set, we will be forced to take legal proceedings without further notice to assert our client’s rights, including claiming the costs and damages incurred.

Yours truly,

Mtre Philippe Laurent
Lawyer, 10 years of practice in civil litigation
Barreau du Québec

This letter is a formal notice under articles 1457 and following C.C.Q.

^[1] Legal references cited.