2023 QCCQ 4819, 2023 QCCQ 4819

Sartain vs. Cayen (Omni Air Ventilation) 2023 QCCQ 4819 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS N°: 760-32-702764-236 DATE : July 24, 2023 ______________________________________________________________________ BY: M tre VASIL PETRISHKI, Special Clerk ______________________________________________________________________ KATHRYN SARTAIN and GWYNNE EASTVELD APPLICANTS vs.

CHRIS CAYEN doing business under the name of Omni Air Ventilation DEFENDANT ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] THE COURT , after reviewing the proceedings and the proof, renders the present Judgment. [ 2 ] WHEREAS Applicants are seeking a Judgment against Defendant for a sum of $1,927.57: the amount of $1,609.00 given to Defendant as a deposit for a contract to repair the compressor of Applicants’ Geothermal system and $318.57 in contractual damages; [ 3 ] CONSIDERING that the Application was served upon Defendant on April 13, 2023; [ 4 ] CONSIDERING the default of Defendant to answer the Application within 20 days after the notification [1] ; [ 5 ] CONSIDERING the above default of Defendant, the Application, the statement deemed to be an affidavit (art. 544 (1) of the Code of Civil Procedure ) and exhibits P-1 to P-3; [ 6 ] CONSIDERING articles 1439, 1458 1604, 2126 and 2129 of the Civil code of Quebec and articles 11.3 , 11.4 and 272 the Consumer Protection Act (Chapter P-40.1 ); [ 7 ] CONSIDERING the legal principles applicable: in contractual matters, the debtor is liable only for damages that were foreseen or foreseeable at the time the obligation was contracted; in case of intention or gross fault of the debtor, the damages may include only what is an immediate and direct consequence of the non-performance [2] ; [ 8 ] CONSIDERING that Applicants have proven their action against Defendant pursuant to Articles 2803 and 2804 of the Civil Code of Quebec for $1,927.57; [ 9 ] CONSIDERING that Applicants are entitled to interest at the legal rate from the date of default (

Article 1617 of the Civil Code of Quebec ); [ 10 ] CONSIDERING that a creditor must put his debtor in default in writing to perform the obligation within a reasonable time after the demand except when the debtor is in default by the terms of the contract itself as stipulated in

Article 1594 of the Civil Code of Quebec or by the sole operation of the law as stipulated in

Article 1597 of the Civil Code of Quebec ; [ 11 ] CONSIDERING that the date of default of Defendant is March 16, 2023 (Exhibit P-3); [ 12 ] CONSIDERING that the additional indemnity contemplated by

Article 1619 of the Civil Code of Quebec should be awarded;

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the Application; [ 14 ] CONDEMNS Defendant to pay to Applicants $ 1,927.57 with interest at the legal rate of 5.00% and the additional indemnity provided for in

Article 1619 of the Civil Code of Quebec as of March 16, 2023, being the date of default; [ 15 ] CONDEMNS Defendant to pay to Applicants the legal costs of $112.00; __________________________________ M tre Vasil Petrishki, Special clerk Kathryn Sartain, [...], Rigaud, Québec, [...] and Gwynne Eastveld, [...], Rigaud, Québec, [...] Applicants Chris Cayen / Omni Air Ventilation, 534-3551, Saint Charles Blvd, Kirkland, Québec, H9H 3C4 Defendant