2012 QCCQ 7000, 2012 QCCQ 7000

Bartha c. Sintra inc. région Rive-Sud 2012 QCCQ 7000 JG2338 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS LOCALITY OF CHÂTEAUGUAY Civil Division No: 760-32-014397-113 DATE: The 31 st day of August, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE CÉLINE GERVAIS, J.Q.C. ______________________________________________________________________ STEVE BARTHA Plaintiff v. SINTRA INC.

RÉGION RIVE-SUD Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Steve Bartha claims the costs incurred to repair his vehicle that was damaged by the road condition. THE FACTS: [ 2 ] Between February and December 2011, Ville de Léry undertook major understructure work for the installation of a new sewer system, for which Sintra was the contractor. [ 3 ] Mr. Bartha lives on Parc Bourgoyne Street in Léry. To get to work, he has to drive to Route 132. Mr.

Bartha has to leave very early, even before sunrise. On April 16, 2011, between his house and Route 132, his vehicle, an Audi A4, is damaged due to the road condition. It cost Mr. Bartha 745,60$ for repairs, which he claims, blaming the road condition on Sintra. ARGUMENTS: [ 4 ] Sintra pleads that it has no liability, as Mr. Bartha was fully aware of the road condition, adding that the lightning of the streets was Léry's responsibility.

Sintra also relies on a notice that was given to the residents which states: "Note that if you drive on the site, it is at your own risk and that we hereby notify you that any claims for damages for vehicle or any other damages will not be taken into account. [1] " DECISION: [ 5 ] The notice to the residents bears no date. Some e-mails dated April 21, 2011, exchanged between the engineers (Genivar), Sintra, and Léry show that the notices were not distributed yet at that date to the residents.

No such notices of non-responsibility were distributed when the incident occurred, and Sintra cannot rely on that document. [ 6 ] There is no doubt that Mr. Bartha's car was damaged due to the road condition. Was there a fault committed by Sintra regarding the state of the road ? During construction work, no one can expect the streets to be even and without bumps. But according to the pictures that were filed, the Court considers that the situation was not acceptable, considering that only one issue was available to Route 132. [ 7 ] Mr. Bartha had no other choice but to follow the road he used on April 16, 2011.

Mr. Bartha committed no fault in using his car that morning, and the Court accepts his testimony that he drove carefully.

[ 8 ] Sintra has not shown any meteorological condition that could be considered a superior force that could bring an exemption from liability. [ 9 ] Sintra has to reimburse Mr. Bartha of the amount paid for his car repairs. FOR ALL THESE REASONS, THE COURT: GRANTS Plaintiff's claim; ORDERS the Defendant, Sintra Inc. Région Rive-Sud, to pay to Plaintiff, Steve Bartha, the amount of 745,60 $ plus the legal interest and the additional indemnity payable in virtue of

article 1619 C.c.Q. calculated from May 30 th , 2011, date of the Letter of Demand, with the judicial costs of 70 $. __________________________________ CÉLINE GERVAIS, J.Q.C.