2014 QCCQ 11102, 2014 QCCQ 11102

Mibach c. Cardinal 2014 QCCQ 11102 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-32-021638-140 DATE: November 17, 2014 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN, J.C.Q. ______________________________________________________________________ Elisabeth Mibach […] Gatineau, Qc, […] Applicant v.

Edouard Cardinal […] Gatineau, Qc, […] Defendant ______________________________________________________________________ JUDGMENT Rendered orally at the hearing and edited ______________________________________________________________________ INTRODUCTION [ 1 ] In the month of October 2013, Mrs. Mibach concluded a contract with Mr. Cardinal for the replacement of the roof covering her house. The contract is in the amount of 3 300 $ and Mrs. Mibach issued a check of 2 000 $ to Mr. Cardinal as a deposit. He did not accomplish the work nor did he refund her deposit. [ 2 ] Mrs.

Mibach had to undertake urgent repairs to temporarily patch the roof to make it through the winter. She hired Mr. Jason Pellerin to proceed with the repairs and that cost her the amount 459,90$. [ 3 ] She sent a main letter to Mr. Cardinal who did not respond. That notice cost her 22,95$. [ 4 ] The Court concludes that the applicant demonstrated, on the balance of probabilities, that Mr. Cardinal owes her these amounts.

FOR THOSE GROUNDS, THE COURT: [ 5 ] GRANTS the present motion; [ 6 ] CONDEMS the defendant to pay to the plaintiff the sum of 2 482,85 $ plus interests at the legal rate and the additional indemnity provided by

section 1619 of the Civil code of Quebec starting December 30, 2013 and the judicial fees of 106,00 $;

__________________________________ Serge Laurin, J.c.Q. Date of hearing: October 17, 2014