2019 QCCQ 6374, 2019 QCCQ 6374

Cohen c. Eva Casa Bella Hotel 2019 QCCQ 6374 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division No: 500-32-704383-183 DATE: September 16, 2019 ______________________________________________________________________ BY THE HONOURABLE CAtherine Pilon J.C.Q. ______________________________________________________________________ Marla Cohen Plaintiff v.

Eva Casa Bella Hotel Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff claims $4 310 from the Defendant, a hotel, were she stayed the night of January 12, 2018. [ 2 ] The Defendant was having carpet installed during the Plaintiff’s stay.

The damages claimed by the Plaintiff are related to the inconvenience she suffered by reason of the smell of the glue used for the carpet. [ 3 ] By the Defendant's own admission, the clue did create a smell in the hotel. [ 4 ] The Court finds that the Defendant should have taken better precautions to ventilate the hotel so that guests were not inconvenienced by the smell, and that as such, has committed a fault. [ 5 ] The Plaintiff has met the burden of proof of this regard. [ 6 ] With respect to damages, the Plaintiff claims $125 for the suitcase she alleges to have been forced discard because it had a bad smell after her stay. [ 7 ] However, she did not file evidence that would allow the Court to assess the value of the suitcase. [ 8 ] She also asks for a reimbursement of her stay for $35, but, again, she has not adduced evidence of this cost. [ 9 ] These items of the claim are denied. [ 10 ] The remainder of Plaintiff’s claim is for the prejudice to her health for which she claims $ 4 150.

The Plaintiff has not filed any medical proof that she has suffered harm, other of than inconvenience of the unpleasant smell. [ 11 ] Moreover she admitted she was not ill further to her stay at the Defendant’s. [ 12 ] Nevertheless, the Plaintiff did suffer a prejudice for the inconvenience created by the smell. The Court assesses this inconvenience at $ 100. FOR THESE REASONS, THE COURT: GRANTS in part the claim of the Plaintiff; CONDEMNS , the Defendant to pay to the Plaintiff $100 with interest at the legal rate and the additional indemnity of

article 1619 of the Civil Code of Quebe c since February 6, 2018; CONDEMNS the Defendant to pay the Plaintiff the Court costs of $101. __________________________________ CATHERINE PILON, j.c.q.

Date of hearing: September 16, 2019