2013 QCCQ 3554, 2013 QCCQ 3554

Alaolaqi c. 9192-1783 Québec inc. 2013 QCCQ 3554 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL Civil Division No: 500-22-187919-116 DATE: April 9, 2013 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ KHALID ALAOLAQI Plaintiff v. 9192-1783 QUÉBEC INC. and METRO CAISSE ENREGISTREUSE and SERGE ROY Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff seeks a judgment condemning the defendants, solidarily, to the payment of $14,509.58 in reimbursement of a deposit and payment made for restaurant equipment that was never delivered. [ 2 ] Defendants had filed a plea but were not present at trial, notwithstanding a notice of hearing. [ 3 ] Mr.

Alaolaqi runs a pizza restaurant. [ 4 ] Defendant 9192-1783 Québec Inc. sells new and used restaurant equipment under the name of " Metro Caisse Enregistreuse". This Defendant is in law not a moral person therefore the Court will not take it into account. Defendant Serge Roy is a representative of 9192-1783 Québec Inc. [ 5 ] In August 2011, Mr. Alaolaqi wished to acquire equipment for his business. He met Serge Roy at the place of business of 9192-1783 Québec Inc. Mr. Roy introduced himself as a representative ("owner") of 9192-1783 Québec Inc. [ 6 ] On August 18, 2011, a sale contract was signed (Exhibit P-5).

A payment of $10,509.58 is indicated on this contract. [ 7 ] Mr. Alaolaqi also testified that he made a cash deposit of $4,000.00 to Mr. Roy. The testimony of Mounir Ariouat as well as Exhibit P-3 (Mr. Alaolaqi's bank statements) corroborate that this payment was in fact made. Mr. Roy did not give him a receipt at the time alleging that he was in a hurry for another appointment. Afterwards, notwithstanding Mr. Alaolaqi's attempts to obtain one, Mr. Roy neglected to give him a receipt. [ 8 ] The equipment was to be delivered on September 2, 2011.

Notwithstanding Defendant's promises to do so on a subsequent date, the equipment was never delivered. Defendants were put on demand by a letter of October 21, 2011 (Exhibit P-6) to no avail. [ 9 ] Considering the demand (Exhibit P-6). [ 10 ] Considering that according to articles 1605 and 1606 of the Civil Code of Québec , the sales contract (Exhibit P-5) was resolved extra-judicially. [ 11 ] Considering that there is no evidence to hold Serge Roy personally responsible, in particular since the allegations are that the $4,000.00 was paid as a deposit on the sale. [ 12 ] Considering Mr.

Alaolaqi has proven his allegations against 9192-1783 Québec Inc.

FOR THESE REASONS, THE COURT: GRANTS the motion in part; DISMISSES the motion against Serge Roy personally, without costs; CONDEMNS 9192-1783 Québec Inc. to pay to Khalid Alaolaqi the sum of $14,509.58, with interest at the legal rate, as well as the additional indemnity provided for in

article 1619 of the Civil Code of Québec , beginning on October 25, 2011, with costs. __________________________________ Scott Hughes, J.C.Q. Me Jamie Benizri For the Plaintiff Me Edward Druker For the Defendant (was not present) Date of hearing: January 11, 2013