2015 QCCQ 13434, 2015 QCCQ 13434

Volkanova c. Redberry Marque Resto inc. 2015 QCCQ 13434 COURT OF QUÉBEC « Small Claims Division » CANADA PROVINCE OF QUEBEC DISTRICT OF LONGUEUIL « Civil Division » N° : 505-32-033244-147 DATE : November 19, 2015 ______________________________________________________________________ BY THE HONOURABLE VIRGILE BUFFONI, J.C.Q. ______________________________________________________________________ VICTORIA VOLKANOVA and MICHAEL MAKAROV and NINA VOLUANOVA Plaintiffs v. REDBERRY MARQUE RESTO INC.

Defendant ______________________________________________________________________ JUDGEMENT ______________________________________________________________________ [ 1 ] Plaintiffs claim from defendant a sum of $ 3,315 in damages resulting from food poisoning. [ 2 ] Defendant, a company operating a restaurant as a Pizza Hut franchisee in Greenfield Park, did not contest the claim. [ 3 ] During the summer of 2014, Sophia Makarov, aged 8 years old at the time, and residing in New Brunswick, was visiting her grandmother, Nina Volkanova, in Montréal. [ 4 ] In the evening of July 31 st, 2014, Nina Volkanova ordered from defendant a home delivery of two different pizzas.

Sophia ate the cheese pizza, her brother eating the other pizza, with no cheese. [ 5 ] An hour after eating her cheese pizza, Sophia started vomiting. She was transported by ambulance to the emergency unit at the Sainte-Justine Hospital where she spent the night. [ 6 ] In the following weeks, from time to time, Sophia had several consultations with different doctors, passed tests, X-rays, and was prescribed medication.

She felt nausea, stomach cramps, and headaches from time to time during the period. [ 7 ] Sophie’s brother suffered no health ailment. [ 8 ] It is not essential to determine the precise cause of the injury.

It is sufficient to establish, based on the evidence, that the intoxication and the health ailments result in all probability from the consumption of food supplied by defendant. [ 9 ] The Court concludes, based on the direct and uncontradicted evidence and inferences and presumptions, that the food delivered by defendant was improper for consumption and that the responsibility of the defendant must be upheld. [ 10 ] With respect to damages, the plaintiffs Michael Makarov and Victoria Volkanova, in their quality of tutors to the child Sophia Makarov, are entitled to obtain the reimbursement of various expenses thaat they incurred as a result of Sophie’s health problem (ambulance, taxi, family doctor, pediatrician, medication, registered letter, and pizza), amounting to $ 381.62. [ 11 ] They are also entitled «es quality» to a compensation of $ 500 for the pain and suffering and inconvenience suffered by their daughter. [ 12 ] For their own stress, the Court grants a compensation of $100 each. [ 13 ] As for Nina Volkanova, who suffered from stress and endured a large share of the inconveniences, the Court grants a compensation of $ 250.

FOR THESE REASONS, THE COURT : CONDEMNS the defendant to pay to the plaintiffs Michael Makarov and Victoria Volkanova, in their quality of tutors to the child Sophia Makarov, a sum of $ 881.62; CONDEMNS the defendant to pay to the plaintiffs Michael Makarov and Victoria Volkanova a sum of $ 100 each; CONDEMNS the defendant to pay to the plaintiff Nina Volkanova a sum of $ 250; CONDEMNS the defendant to pay to the plaintifs, on the above amounts, interest at the legal rate and the additional indemnity provided for in

Article 1619 of the Civil Code of Québec from the date of the demand letter, October 27, 2014, the whole with the judicial fees of $137. __________________________________ VIRGILE BUFFONI, J.C.Q.