2023 QCCQ 3291, 2023 QCCQ 3291

RM Electro Diesel c. 9334-6930 Québec inc. 2023 QCCQ 3291 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-711806-200 DATE : May 18, 2023 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ RM ELECTRO DIESEL Plaintiff vs. 9334-6930 QUÉBEC INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ THE OUTLINE [ 1 ] The Plaintiff claims $511.04 representing the work done on a vehicle belonging to the Defendant, to locate an antifreeze leak. [ 2 ] The Defendant refused to pay the invoice alleging that the leak was caused by the Plaintiff when he installed a heater.

THE CONTEXT [ 3 ] In December 2019, the Defendant installed on a bus, a vehicle belonging to the Defendant, a heater at the cost of $2,240,67 [1] . [ 4 ] Early February 2020 the Defendant brought back the vehicle claiming that the installation was not properly done causing antifreeze to leak. [ 5 ] Mr. Jean Bourgeois, the Director of the service department, of the Plaintiff who answered the service call from Defendant’s representative, Mr. Harninder Singh Lubana, ask if he had seen antifreeze on the floor, and Mr.

Lubano informed him he had not. [ 6 ] The vehicle was brought on February 5, 2020 and was verified by the Plaintiff on February 11, 2020. [ 7 ] During these six days, neither Mr. Bourgeois, nor Mr. Plante, the mechanic who proceeded to the repairs, saw any leaks of antifreeze. It is only when they did a pressure test that they discovered the leak in a hose located towards the back of the vehicle. They also replaced a flange that had become loose. [ 8 ] In these witnesses’ opinion, there was no relationship between the leak and the heater.

The Plaintiff invoiced the Defendant $461.04 [2] , that it claims plus $50 to send a Demand letter, for a total claim of $511.04. [ 9 ] The Court heard the testimony of Mr. Jatinder Singh a mechanic, the Defendant’s witness who usually maintains the Defendant’s vehicles. [ 10 ] Mr. Singh states that the antifreeze leak came from the hose connected to the heater installed by the Plaintiff. For this reason, he suggested that the Defendant requests that the Plaintiff do the repairs at no cost.

THE ANALYSIS [ 11 ] The Plaintiff has demonstrated by its invoice that work was done on the Defendant’s vehicle at a cost of $461.04, representing nearly in totality the labour to locate the leak. [ 12 ] Although the Defendant complains that no estimate was provided, under the circumstances, the Court can appreciate the difficulty to estimate the time to be spent to locate the problem. The Court does not accept this argument.

[ 13 ] The burden of proof rests on the Defendant’s shoulders, in accordance with

Article 2803 of the Civil Code of Quebec , to show that the leak was related to the work done by the Plaintiff when it installed the heater. [ 14 ] Although Mr. Singh did testify that the leak was located in the hose connected to the heater, he did admit to the Court that no test was done, he simply did a brief visual inspection and recommended to the Defendant that he refer the matter to the Plaintiff. [ 15 ] If Mr. Singh located the leak in the house, he must have seen antifreeze on the ground. This was not seen by either Lubana, Burgeois or Plante. [ 16 ] On the other hand, Messers.

Plante and Bourgeois have convinced the Court that the pressure test confirmed that the leak was discovered further back and with no relation to the work previously done in December 2019. [ 17 ] No justification exists for the $50 claim. FOR THESE REASONS, THE COURT GRANTS in part Plaintiff’s Demand; CONDEMNS the Defendant 9334-6930 Quebec inc. to pay to the Plaintiff RM Electro Diesel the sum of $461.04 plus interest at the legal rate plus the additional indemnity provided at

Article 1619 of the Civil Code of Québec as of February 11, 2020 the date of the invoice; WITH COSTS in the amount of $156 representing the judicial stamp of the Demand. ________________________ DIANE QUENNEVILLE, J.C.Q.