2017 QCCQ 12803, 2017 QCCQ 12803

Black c. 9000-3187 Québec inc. 2017 QCCQ 12803 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-151057-165 DATE: November 2, 2017 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ ERIC BLACK and SHARI GORDON Plaintiffs/cross-defendants v. 9000-3187 QUÉBEC INC.

Defendant/cross-plaintiff ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, [ 2 ] WHEREAS a contract of sale intervened between the parties (contract, exhibit P -1); [ 3 ] WHEREAS , on April 18, 2015, plaintiffs ordered a custom-made brown mahogany exterior door, from defendant, for $7,019.91; [ 4 ] WHEREAS plaintiffs paid defendant $2,500.00, on account, for said door; [ 5 ] WHEREAS defendant delivered a door to plaintiffs, on June 22, 2015, but it was seriously defective, not fit for installation, and therefore returned; [ 6 ] WHEREAS the second door delivered to plaintiffs, on July 15, 2015, was also seriously flawed and not fit for installation, as it was the wrong color; it was also returned to defendant; [ 7 ] WHEREAS , despite plaintiffs’ requests, defendant failed to deliver a door in conformity with the specifications detailed in contract P-1, and refused to return the $2,500.00 deposit to plaintiffs; [ 8 ] WHEREAS defendant had an obligation of result, which it failed to fulfill; [ 9 ] GIVEN articles 16, 37, 40, 41, 42, 219, 228 and 272 of the Consumer Protection Act (“the Act” ), which is

an act of public order; [ 10 ] WHEREAS defendant failed to abide by the provisions of the Act ; [ 11 ] WHEREAS plaintiffs are entitled to the reimbursement of the amount which they paid on account ($2,500.00) for the door; [ 12 ] WHEREAS , as a result of defendant’s failure to respect the contract and the law, plaintiffs are also entitled to an amount of $300.00 for their trouble and inconvenience which they suffered, as well as an additional amount of $200.00 representing punitive damages (article 272 of the Act );

[ 13 ] WHEREAS defendant’s cross-demand is unfounded; WHEREFORE THE COURT HEREBY: GRANTS plaintiffs’ application in part; ORDERS defendant to pay plaintiffs the sum of $3,000.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of July 17, 2015 and legal costs in the amount of $100.00; DISMISSES defendant’s cross-demand. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: October 16, 2017