2017 QCCQ 10188, 2017 QCCQ 10188

Sanchez c. Armoires Kiel inc. 2017 QCCQ 10188 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-150579-169 DATE: September 6, 2017 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ PAMELA SANCHEZ Plaintiff v.

LES ARMOIRES KIEL INC. and OVE DECORS ULC and DESTINATION DESIGN Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including the testimony of plaintiff, of Kathy Assimakopoulos, of Éric Boisjoly and of Maya Benchetrit, as well as exhibits P-1 to P-8 and D-1 to D-14; [ 2 ] WHEREAS plaintiff is suing “Armoires Kiel Inc. (Ove Decors – Destination Design)”, in damages, for an amount of $4,999.16; [ 3 ] WHEREAS plaintiff alleges the following in her application, dated January 6, 2016: “1.

Fraud and misrepresentation by Kiel Kitchen Inc. 2. Grossly inferior quality of product of Kiel Cuisines - installation began February 3, 2013 - inferiority noticed immediately Not finished yet” [ 4 ] WHEREAS “Ove Decors ULC” operates under the name of “Ove Decors”;

[ 5 ] WHEREAS Les Armoires Kiel Inc. operated under the name of “Destination Design”; [ 6 ] WHEREAS there is no lien de droit between plaintiff and defendants, as no contract intervened between them; [ 7 ] WHEREAS defendants sold the kitchen cabinets, which are the object of the suit, to Construction Abbco

(2007) Inc. (“Abbco”), which in turn sold them to plaintiff; [ 8 ] WHEREAS plaintiff sued Abbco with respect to, inter alia , the quality of said cabinets, and a judgment was rendered by the Honourable Dominique Gibbens, J.C.Q., on November 25, 2015, with regards thereto; [1] [ 9 ] WHEREAS good faith is always presumed ( art. 2805 of the Civil Code of Quebec ); [ 10 ] WHEREAS plaintiff had the burden of proof ( articles 2803 and 2804 C.c.Q .); [ 11 ] WHEREAS plaintiff did not prove her allegations of “fraud and misrepresentation by Kiel Kitchen Inc.”; [ 12 ] WHEREAS , furthermore, there is chose jugée regarding the alleged “grossly inferior quality of product of Kiel Cuisines”, the installation and the extent of the work carried out by Abbco, which in any event does not concern defendants (judgment of the Hon.

Gibbens, paragraphs 56 to 61 and paragraphs 87 to 91); [ 13 ] WHEREAS plaintiff did not prove her allegations according to a preponderance of evidence; [ 14 ] WHEREAS Ove Decors ULC is presently storing the replacement kitchen cabinets, as a courtesy to plaintiff, at its place of business; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application; CONDEMNS plaintiff to pay Ove Decors ULC legal costs in the amount of $150.00; AUTHORIZES plaintiff to take possession of the replacement kitchen cabinets, at Ove Decors ULC’s place of business, by her own means and at her own costs, by no later than October 6, 2017, after which Ove Decors ULC is hereby authorized to dispose of them. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: June 22, 2017