Kleinman c. Westcliff Management Inc. 2022 QCCQ 2597 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-710207-194 Date: April 26, 2022 BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. GLORIA KLEINMAN Plaintiff v. WESTCLIFF MANAGEMENT LTD. and PLACE VERTU NOMINEE INC.

Defendants JUDGMENT RENDERED ORALLY AT THE HEARING [ 1 ] The Plaintiff claims the sum of $3,700 for the physical injuries suffered on March 23, 2019, when the wheels of the shopping kart were stuck in a pothole in the underground parking lot of Place Vertu Shopping Centre where the grocery store Adonis is located. [ 2 ] None of the Defendants attended at Court to contest this claim. [ 3 ] The Plaintiff claims $200 for material damages, $2,500 as punitive damages and $1,000 for the personal injuries, pain and suffering due to a puncture in her leg. [ 4 ] No specific legislation provides for punitive damages in the present matter. [ 5 ] However, following the explanations by the Plaintiff, the Court considers that an amount of $1,200 represents adequate compensation following the personal injuries she sustained.

FOR THESE REASONS AND THOSE MENTIONED VERBALLY AT THE HEARING, THE COURT: GRANTS in part Plaintiff’s claim; CONDEMS the Defendants solidarely to pay to Gloria Kleinman the sum of $1,200 plus interest at the legal rate and the additional indemnity provided at

article 1619 of the Civil Code of Québec as of September 30, 2019, date of the Demand; WITH COSTS in the amount of $103 representing the judicial stamp of the Claim. Diane Quenneville, J.C.Q.

Date of hearing: April 26, 2022