2010 QCCQ 3917, 2010 QCCQ 3917

Ricci c. Mignacca 2010 QCCQ 3917 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-116509-094 DATE: May 4, 2010 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.Q.C. ______________________________________________________________________ ALFONSO RICCI […] Montreal […] Plaintiff v.

MELENA MIGNACCA […] Montreal […] -and- CARLO D'ADDARIO […] Montreal […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from Defendants the sum of $567.20 representing the cost of repairs that were performed as a result of a latent defect affecting the thermopump of a bungalow that was purchased by him on January 30, 2009 for the price of $272,500.00. [ 2 ] At trial, Plaintiff reduced the amount of his claim to $472.20. [ 3 ] CONSIDERING the evidence adduced at trial. [ 4 ] CONSIDERING

article 1726 C.C.Q. [ 5 ] CONSIDERING that Plaintiff has not established the existence of the alleged defect at the time of the sale. [ 6 ] CONSIDERING that Plaintiff has not established that he would not have paid so high a price if he had been aware of the existence of the alleged defect and for the reasons set forth verbally at the hearing, the Court: DISMISSES Plaintiff's action. WITHOUT COSTS . __________________________________ ARMANDO AZNAR, J.Q.C.