2014 QCCQ 251, 2014 QCCQ 251

Barnard c. Richards (Original Furniture) 2014 QCCQ 251 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-132109-127 DATE: January 20, 2014 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ TIMOTHY BARNARD Plaintiff v.

ODEN RICHARDS (Original Furniture) Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Alleging poor workmanship on the work performed at his request by Oden Richards, Timothy Barnard asks for the reimbursement of the full amount paid of $1,200. [ 2 ] In his contestation, Mr Richards pleads that after the delivery of the furniture repaired, Mr Barnard was satisfied. Also, he alleges having told Mr Richards not to use any water on the table repaired.

Questions in dispute [ 3 ] Has Timothy Barnard established poor workmanship on the work performed by Oden Richards ? If so, what are the damages suffered by Mr Barnard ? Context and analysis [ 4 ] Timothy Barnard is the owner of a round oak pedestal dining table and a matching oak buffet. They were wedding presents for his grandparents 90 years ago. [ 5 ] The two pieces had an original dark stain and an old varnish. Mr Barnard asks Mr Richards to strip the stain and finish and leave the natural wood with a water-based matte verathane finish.

He also points out a few places where the veneer on the two drawers and two doors of the buffet needed repairs. [ 6 ] Regarding the veneer, Mr Richards mentions that it could be repaired by gluing another piece of veneer where the old one had chipped off. [ 7 ] For the finish of the dining table, Mr Richards suggests an oak stain which is declined because Mr Barnard wants the wood to retain its natural colour.

Mr Richards then declares that he has a “special oil” with a chemical that create a hard barrier so that any spilled food or drink could be wiped off the table without leaving a stain. [ 8 ] After the work performed by Mr Richards, as for the buffet, the repaired veneer on one of the doors is all black and the drawers, on smaller pieces, are filled with wood filler or plastic wood. [ 9 ] After complaints from Mr Barnard, Mr Richards accepts to redo the job, without any success. [ 10 ] Couple of months after the delivery of the repaired table, Mr Barnard notices the appearance of stains, despite the formal declaration of Mr Richards that he could use it as a dining table without any problem. [ 11 ] Confronted with his previous declarations, Mr Richards changes his version and denies having expressed any problem to use

the dining table without a tablecloth. [ 12 ] In civil law, the burden of proof is on Plaintiff’s shoulders in accordance with the principle provided for in

article 2803 of the Civil Code of Québec (« C.C.Q . » ) which states “a person wishing to assert a right shall prove the facts on which his claim is based”. [ 13 ] The Court must weigh the probabilities pursuant to

article 2804 C.C.Q. which states “evidence is sufficient if it renders the existence of a fact more probable than its non-existence”.

In other words, the Court must establish what is more probable and likely. [ 14 ] After analysis, the Court concludes that the grounds of contestation of Mr Richards are ill-founded both in fact and in law, contrary to the allegations and testimony of Mr Barnard. [ 15 ] From the evidence adduced, Mr Barnard is victim of poor workmanship on the work performed by Mr Richards at his request and false declarations. [ 16 ] However, the damages on the buffet are limited to drawers and one of the doors.

For the table, the surface has to be redone. [ 17 ] Arbitrating the damages suffered, the Court concludes that Timothy Barnard’s claim is well-founded, up to $500. THEREFORE, the Court: GRANTS in part Timothy Barnard’s application; CONDEMNS Oden Richards (Original Furniture) to pay to Timothy Barnard $500 with interest at the legal rate and the additional indemnity provided for under

Article 1619 of the Civil Code of Québec , as from January 12, 2012, and the judicial costs ($103). __________________________________ Henri Richard, J.C.Q. Date of hearing: January 6, 2014