2014 QCCQ 6257, 2014 QCCQ 6257
Opinion
Chai c. 9088-3166 Québec inc. (Montréal Construction) 2014 QCCQ 6257 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-131615-116 DATE: July 14, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ PUN NE CHAI and YEE CHONG CHAI […] Victoria, B.C. […] Plaintiffs and FIONA CHAI […] Montreal, Quebec […] Mandatary v. 9088-3166 QUEBEC INC. doing business under the firm and style name of MONTRÉAL CONSTRUCTION 43, rue Ainslie Montreal Ouest, Quebec H4X 1K5 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS defendant's roofing subcontractor damaged one of plaintiffs' two skylights, and did not properly seal the other; [ 3 ] WHEREAS defendant undertook to replace the damaged skylight, but never did; [ 4 ] WHEREAS , as a direct result thereof, plaintiffs had the damaged skylight replaced by a third party, and had the other skylight properly sealed, after giving defendant sufficient notice; [ 5 ] WHEREAS plaintiffs paid $3,417.75 to have the above work carried out; [ 6 ] WHEREAS defendant is liable for only a portion of the above costs, namely $ 2,300.00, as the Court must take depreciation into account; [ 7 ] WHEREAS defendant is further liable for the cost of the other repairs rendered necessary due to subcontractor's omissions and shoddy work ($688.55, exhibits O, P, Q and U); WHEREFORE THE COURT HEREBY: GRANTS plaintiffs' application in part;
SENTENCES defendant to pay plaintiffs the sum of $2,983.55, plus interest at the legal annual rate of 5% and the additional indemnity provided for in
article 1619 of the Civil Code of Québec , as of October 26, 2011, with judicial fees in the amount of $129.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: July 14, 2014
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