[VIDÉO] “I earn 400,000 piastres per year”: viral while screaming for a pizza, the entrepreneur exposed without his knowledge loses in court

A 32-year-old Quebecer, who went viral in 2022 after being filmed without his knowledge screaming at the top of his lungs and insulting restaurant employees, finally lost his defamation lawsuit against the man who published this video on Facebook.

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“He assures [dans cette séquence] that he earns more than $400,000 per year, that he is able to purchase the entire dining room and that the employee’s behavior justifies her being fired. He also mentions that the employees present only earn $15 per hour,” reports Superior Court magistrate Geeta Narang in her judgment.

Mathew Simon, an entrepreneur from Gaspé, tried to buy a frozen pizza in a Normandin restaurant one evening in September 2022. He was in the company of his wife and children. However, the restaurant had just closed its doors a little after 10 p.m.

“He comes to the conclusion that the restaurant is open because the front door is unlocked. He enters the restaurant and finds a person in a Normandin uniform and another person lying on top of each other on one of the restaurant’s benches. Mr. Simon concludes that they are in the middle of lovemaking,” says the judge. This scene would also have been at the origin of the conflict, according to the legal document.

Viewed more than 500,000 times

Mathew Simon, however, was unaware that a person, whose identity remains unknown, captured the images of his crisis in Normandin. “He is clearly outraged and he seems to have, at certain moments, no control over himself,” summarizes the Court, in relation to his behavior.

These images were then distributed by a certain Daniel Guénette on Facebook. The approximately two-minute video quickly went viral with more than half a million views online.

“I warn anyone who would work for this guy or be around him… This is his mentality [à] Matthew Simon owner of Sports à discount…,” wrote Mr. Guénette, in his publication now deleted from social networks.

A rain of insults

Mathew Simon, who lived in Lévis at the time of the events, therefore decided to sue Daniel Guénette for defamation. He demanded $98,432.15 from this Internet user to compensate him personally and his company Sports à Rabais.

Judge Geeta Narang, however, dismissed his request on April 24.

“Mr. Simon demonstrated that he suffered due to the publication of the video on the Internet; his testimony at the hearing was sincere and credible. However, he fails to demonstrate that his damage was caused by the actions taken by Daniel Guénette, an essential element in winning his case,” she concludes.

The Superior Court also notes that this video led a large number of Internet users to insult the entrepreneur.

“But it is not because of a mistake made by Daniel Guénette. The negative impressions result from the comments made by Mathew Simon and his own actions,” we can read in the judgment.

“I was a settler”

In interview with the Newspaper On Thursday, the Quebecer confided having “been a colonist” in this video and being unable to watch these images now. He also admits to having consumed alcohol during that evening.

“I was surprised by the judgment. […] The company also suffered from all this. My whole life was turned upside down quickly and it’s as if it didn’t matter in the end,” says Mathew Simon over the phone, who says he no longer has a business now.

His lawyer, Me Marc-Antoine Héroux, also indicates “being in question” to appeal this judgment.

Verbatim of the video shot at Normandin, reported by the Superior Court

At the start of the video, we see the Applicant from the front. He speaks with two people in uniform, one who has his back to the camera and the other who is next to the Requester.

– Maybe you don’t care because you are paid 15 coins an hour, said the Applicant.

– It’s just that we’re closed, our boss pays us, says the employee who is next to the Requester.

– No! You are not closed tabscam, criss, you are still there, there, said the Asker.

– Sir, if we pay you for the pizza can you delete it?, said one of the employees, but we don’t know which one.

– No! said the Asker.

The employee, who has her back to her, speaks inaudible words.

– Who will take it, do you think? said the Asker.

The employee, who has his back to the camera, speaks inaudible words.

– I earn 400,000 piastres per year, said the Applicant.

– You want an apology, said the employee from behind.

– It’s not an apology man, I don’t understand why you do that, Criss. I have a business and if my employees would do that, says the Applicant.

– But he doesn’t pay us for that time, says the employee who is next to the Applicant.

The Asker bends down slightly and swings his arms simulating the action of throwing something.

– That would be, qin! qin! qin! Well, it should make you happy! Chalice die, said the Requester.

The employee, who has her back to the camera, speaks words in a low voice that are inaudible.

– So much the better ostie, said the Requester.

– We don’t get paid, says the employee who has her back to the camera.

“Oh well criss! » said the Requester.

The Asker applauds.

– Can we offer you a burger and delete it from your phone? , says the employee who has her back to him.

– No, man, don’t delete anything from my phone, said the Asker.

The Applicant takes his phone from a counter and taps it against his wallet. He leans against the counter and crosses his legs.

– I can afford myself, I can afford whatever I want here, I can afford the dining room if you want, said the Applicant.

– How much does it cost, 50 thousand piastres? The dining room 50,000…a check! adds the Applicant.

The Applicant always steps back with his left arm wide open.

– No, it’s not a question of money, says the employee who is facing the Applicant.

– It’s not a question of money for me either, it’s a question, said the Applicant.

The employee, who has her back to him, leaves.

– I’m worried about being filmed without my knowledge, said the employee who was next to the Applicant and who now faces him.

– Without my knowledge! You were working ! Tabscam! Tabscam, says the Applicant.

The Applicant crouches down, places his right hand on the floor for balance and brings his phone to his mouth.

He stands up and walks towards another part of the restaurant. The employee who was next to him follows the Applicant.

– But sir, it closes at 10 a.m. but if you want to buy a frozen pizza, I would be happy to volunteer, replies the employee.

– Volunteering ! oh you’re hot, said the Asker.

– Can’t you go and check the opening hours on Google? says the employee who was on the side and addresses the person filming.

Excerpts from the judgment:

• “The video goes viral. […] Mathew Simon is inundated with hate messages. He receives calls from hidden numbers. Messages such as “Social waste” are sent to him via Facebook Messenger. He receives threats. Negative comments about Sports à Rabais appear on the company’s Facebook page.
• “Proof of fault has not been made in this case: Daniel Guénette publishes an unedited video showing an interaction that takes place in a public space, accompanied by a comment in which he provides his interpretation of the interaction. The video has caused a large number of Internet users to have a negative impression of Mathew Simon, but this is not due to any fault committed by Daniel Guénette. »
• “Sports à Rabais was formed on June 22, 2021, a little over 15 months before the video circulated. We cannot therefore claim that this is a company which enjoys a good reputation and a significant turnover as a result of hard work over several years, and whose success in the future is assured, or at least predictable. Generally speaking, it will be more difficult to establish damages for a newly incorporated business than for an established business unless there is evidence of the success of the business.”