Advantage Flooring c. Fournier 2018 QCCQ 705 COURT OF QUÉBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF GATINEAU TOWN OF GATINEAU «Civil Division» No: 550-32-023876-169 DATE: February 7, 2018 ______________________________________________________________________ BY THE HONOURABLE JUDGE PIERRE BACHAND, J.C.Q. ______________________________________________________________________ ADVANTAGE FLOORING Plaintiff vs.

JULIA FOURNIER Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A judgment intervened by default against Plaintiff on the 24 th of October 2017 by which it was condemned to pay 1 976,00$ plus interests and costs. [ 2 ] Plaintiff applied for revocation of this judgment because its president and representative, Jay Behl, was very sick with bronchitis and could not appear in Court according to the doctor’s note.

For these reasons, the judgment will be revoked. [ 3 ] Plaintiff claims 4 135,88$, balance owing on a bill of 5 635,88$, for services rendered. Defendant filed a contestation and a counter-claim but is not present at the hearing. [ 4 ] Jay Behl testifies that he dealt with Ms. Rhonda Moffat who was acting as the defendant’s assistant. He explained everything about the job he had to do, the impossibility to have the same colour between the two floors, one with a prefinished (factory finished) maple floor and the one he was restoring, a pine floor finished on site, etc. [ 5 ] Everything was agreed upon.

When defendant arrived, she was unsatisfied and refused to pay the invoice’s balance of 4 135,88$, having already paid 1 500,00$. [ 6 ] According to Mr. Behl, everything was satisfactory when he finished the job. There is no contradictory evidence and the application is well funded. [ 7 ] FOR ALL THESE REASONS, THE COURT: [ 8 ] REVOKES the October 24, 2017, judgment. [ 9 ] CONDEMNS the Defendant to pay to the Plaintiff an amount of 4 135,88$ plus interests at the legal rate and the additional indemnity provided for by

article 1619 C.c.Q. , as of September 26, 2016. [ 10 ] WITH l egal costs of 150,00$. __________________________________ Pierre Bachand, J.C.Q.

Date of hearing: February 5, 2018