2011 QCCQ 6467, 2011 QCCQ 6467

9170-8875 Québec inc. c. 9167-7542 Québec inc. 2011 QCCQ 6467 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-121531-109 DATE: June 8, 2011 ______________________________________________________________________ PRESIDED BY THE HONOURABLE HENRI RICHARD, J.C.Q. ______________________________________________________________________ 9170-8875 QUÉBEC INC. Plaintiff v. 9167-7542 QUÉBEC INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Alleging mistakes on the printing work performed by Defendant, Plaintiff claims an amount of $2,709.07 as damages. [ 2 ] In its contestation, Defendant argue that "Plaintiff only paid Defendant $300.00 of a total contract of $1,200.00, not $1,180.00". [ 3 ] The preponderant evidence shows that the printing work performed by Defendant contain typographic mistakes.

On the French version of the business card, the following wording appears on the sketch submitted by Defendant to Plaintiff: "Offre valable seulement" [ 4 ] On the final printing appears the following: "Offre valabe seulement" [ 5 ] Plaintiff's representative, Mr Tahir Mahmood, testifies that he return the printing work to Defendant who refuses to reprint the business cards.

Hence, Plaintiff claims from Defendant the amount $1,180 paid plus the loss of profit, totalling $2,700, and the postal fees of $9.07. [ 6 ] In his testimony, Defendant's representative, Mr Abdullah Acikgoz, contests Mr Mahmood's version of the facts that the amount of $1,180 was paid. Instead, he admits having received $300, but no more. [ 7 ] Mr Mahmood establishes having paid in cash an amount of $880 when he took delivery of the business cards printed by Defendant.

After assessing the testimonies of both parties' representatives, the Court concludes that Mr Mahmood's version is more probable and preponderant than the one of Mr Acikgoz. [ 8 ] It is difficult for the Court to understand how Plaintiff could be put in possession of the business cards if the total payment of the printing work is not made.

This being the case, it is more probable that a total amount of $1,180 was duly paid, in order to get the printed business cards from Defendant. [ 9 ] Given all of the above, the Court concludes that Plaintiff establish the merit of its claim up to the amount of $2,359.07, considering the price charged by Plaintiff to its client. THEREFORE, the Court: GRANTS Plaintiff's claim; CONDEMNS Defendant to pay to Plaintiff the amount of $2,359.07 with interest at the annual rate of 5 % and the additional indemnity provided for under

Article 1619 of the Civil Code of Québec , as from December 4, 2009, with costs ($156).

__________________________________ Henri Richard, J.C.Q. Date of hearing: June 1 st , 2011