2013 QCCQ 6369, 2013 QCCQ 6369

Plomberie et chauffage Abe Cohen inc. c. Freundlich 2013 QCCQ 6369 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N° : 500-32-129658-110 DATE : June 27, 2013 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ PLOMBERIE ET CHAUFFAGE ABE COHEN INC. 8145 B, Devonshire Montréal Québec H4P 2K6 Plaintiff vs.

YISROEL FREUNDLICH […] Montréal Québec […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff Plomberie & Chauffage Abe Cohen inc. is claiming $557.21 from Defendant Yisroel Freundlich for services rendered. Defendant refuses to pay, maintaining that the work done was not satisfactory. The evidence: [ 2 ] Plaintiff received a service call from Defendant on Sunday May 29, 2011, regarding a blocked drain in one of his tenant’s premises.

Plaintiff sent an employee, Wayne Mofford, who found the apartment flooded. [ 3 ] Mr. Mofford unblocked the drain. He noted a pipe leading to the premises had an inverted slope, which needed to be changed as soon as possible. If not, the problem would occur again. [ 4 ] Mr. Mofford was to replace the pipe the next day. He testified that Defendant did not want the job done immediately since it would cost time and a half on Sunday. [ 5 ] Defendant maintains he wanted the job completed that day but Mr. Moffard said it could wait and gave him with a 48 hour guarantee, a fact Mr.

Moffard denied. [ 6 ] Shortly after leaving the premises, Defendant called Plaintiff. Mr. Moffard testified that he spoke to Defendant and then to the tenant who said the toilet was making noise. Mr. Moffard told him the noise would go away once the pipes were replaced. [ 7 ] Defendant maintains he received a call from his tenant who said the toilet was backing up again. Defendant’s neighbour claims to have been privy to this conversation. [ 8 ] The following day, Plaintiff called Defendant advising that he would return to replace the pipes. Defendant said the repair had already been done.

Analysis: [ 9 ] Defendant refused to pay for Plaintiff’s plumbing services, claiming the work was not properly done. Defendant maintains it

wanted the job finished right away but it waited since Plaintiff provided a guarantee. Defendant also maintains the back up problem reoccurred after Plaintiff left. Plaintiff denied all the allegations. [ 10 ] The Court prefers Plaintiff’s version of the facts. First, Plaintiff submitted it never guarantees that a toilet will not block after a repair is done since it cannot assure that a user will abstain from putting too much material in it, provoking a blockage. [ 11 ] Secondly, although Defendant and his neighbour contend that the toilet blocked again after Mr.

Mofford left, neither Defendant nor his neighbour returned to the tenant’s premises to verify this allegation. [ 12 ] Thirdly, if in fact, the toilet had blocked, another emergency service call would have been required. There is no evidence that another company returned on Sunday to deal with such an emergency. In addition, Defendant did not produce the bill of the service provider who replaced the pipe. Such a bill would indicate the nature of the work done and whether another company had unblocked the toilet a second time. [ 13 ] Plaintiff provided its services and is entitled to be paid.

Defendant, who maintains that the work was improperly done and that another blockage occurred, has not satisfied the Court, by preponderant evidence, that his allegations are well founded. FOR THESE REASONS, THE COURT: GRANTS Plaintiff’s action; CONDEMNS Yisroel Freundlich to pay Plomberie & Chauffage Abe Cohen inc. $557.21 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec , since July 13, 2011 plus judicial fees of $118. __________________________________ Suzanne Handman, J.C.Q. Date of hearing: May 21, 2013