2019 QCCQ 1545, 2019 QCCQ 1545

Triassi c. 9291-6675 Québec inc. (Centre du pare-brise) 2019 QCCQ 1545 COURT OF QUEBEC “ Small Claims Division “ CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL “ Civil Division “ No: 500-32-704806-183 DATE: March 11, 2019 ______________________________________________________________________ BY THE HONOURABLE STÉPHANE DAVIGNON, J.C.Q. ______________________________________________________________________ GIACOMO TRIASSI Plaintiff v. 9291-6675 QUÉBEC INC. doing business under the name CENTRE DU PARE-BRISE and JULIO CESAR GARCIA Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Having considered the testimonial and documentary evidence, reviewing the record and the exhibits, for the reasons given orally and recorded digitally, the Court renders judgment in the presence of the parties, as follows: [ 2 ] Considering that Mr.

Giacomo Triassi is claiming an amount of $1,500. from the Defendants. [ 3 ] Considering that the proof shows that Plaintiff’s debt is solely owed by Defendant 9291-6675 Québec Inc. carrying business under the name Centre du Pare-Brise. [ 4 ] Considering that in its contestation, Defendants admitted having been paid for prior repairs to a Volvo car in 2016. [ 5 ] Considering that an invoice dated May 9, 2016 pertaining to the said repairs is stamped with the mention payé . [ 6 ] Considering that the Court prefers the testimony of Mr.

Triassi to the ones of Defendants’ representatives as to what was agreed upon between the parties in connection with the replacement of the windshield glass on the BMW car belonging to Mr. Triassi. [ 7 ] Considering that Mr. Triassi met the burden of proving that he paid 9291-6675 Québec Inc. in advance for the replacement of the windshield glass of his BMW car and that he was then entitled to receive the payment for same from his insurance company. [ 8 ] Considering that the proof shows that 9291-6675 Québec Inc. received said payment from Mr.

Triassi’s insurance company but did not remit it to him. [ 9 ] Considering that Plaintiff’s claim his well-founded. FOR THESE REASONS, THE COURT : [ 10 ] CONDEMNS 9291-6675 Québec Inc. doing business under the name “Centre du Pare-Brise” to pay to Mr. Giacomo Triassi an amount $1,500. with interest at the legal rate and the indemnity provided for in

section 1619 of the Civil code of Quebec as of February 28, 2018. [ 11 ] CONDEMNS 9291-6675 Québec Inc. “Centre du Pare Brise” to pay the legal costs of $101. __________________________________ STÉPHANE DAVIGNON, J.C.Q. Date of hearing: March 11, 2019