2012 QCCQ 3730, 2012 QCCQ 3730

Ross c. 4427033 Canada inc. 2012 QCCQ 3730 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-123925-101 DATE: April 25, 2012 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.Q.C. ______________________________________________________________________ Elizabeth ROSS Plaintiff v. 4427033 CANADA INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from Defendant the sum of $1,295.00 for damages caused to her immovable property by said Defendant. [ 2 ] According to Plaintiff, these damages result from repair work done by Defendant to its own immovable property which is adjacent to hers. [ 3 ] In the demand that was filed in Court, Plaintiff describes her damages in following manner: « Coach House • Bricks and plywood left on roof • 2 exterior lamps broken • 11 windows and 3 doors covered with brick bits & mortar dust • Door shutter deco removed Courtyard • Back gate lock broken • Mortar dust, bricks, palettes, plywood, garbage • Balcony stairs removed without permission • New gutters 2009 damaged • Tree branches cut without permission Main building • Door screen torn • Mortar dust in hallway • 2 nd floor balcony brick bits & mortar dust, broken flowerpots

Cost of clean up and repairs $995.00. » [ 4 ] According to Plaintiff, the damages caused to her property were caused by Defendant's own contractor which, while working on Defendant's property, did not take proper care to protect her building and to proceed to the appropriate clean up once the repairs were completed. [ 5 ] In support of her claim, Plaintiff has filed an estimate from Roberto Renovation dated April 6, 2010, in the amount of $1,250.00.

This estimate states the following: « Clean the whole courtyard, install broken lamps, remove all bricks and blocks total: $1,250.00. » [ 6 ] The evidence has further revealed that Plaintiff has paid the said amount of $1,250.00 to Robert Renovation . [ 7 ] Defendant does not deny the fact that while repairs were being done to its own building by a hired contractor, some debris was left on the property of Plaintiff that had to be subsequently cleaned up. [ 8 ] Defendant also alleges that Plaintiff's claim is exaggerated as she previously only claimed $675.00 for the same damages for which she is now claiming $1,250.00. [ 9 ] Furthermore, Mr.

Jonathan Mutch, representative of Defendant, is in the opinion that the clean up of Plaintiff's property could have been done for much less then the amount which is claimed by Plaintiff. However, he did not file an estimate in this regard in order to contradict Plaintiff's testimony on this question. [ 10 ] The evidence adduced at trial by Plaintiff, including her testimony, pictures and estimates, reveal that Defendant did not leave Plaintiff property in an appropriate state of cleanness when the repairs to its own building were finished.

This in itself entitles Plaintiff to claim damages from Defendant. [ 11 ] The evidence has also revealed that the damages caused to Plaintiff's property were minimal although the necessary cleanup was extensive. [ 12 ] Considering the evidence adduced at trial, the Court is in the opinion that an amount of $975.00 in damages is appropriate compensation for the damages sustained by Plaintiff and caused by Defendant's fault. FOR THE FOREGOING REASONS, THE COURT: MAINTAINS in part Plaintiff's action.

CONDEMNS Defendant to pay to Plaintiff the sum of $975.00 with interests at the legal rate plus the additional indemnity provided for by

article 1619 of the Civil Code of Quebec as of June 22, 2010, plus the judicial costs in the amount of $70.00, plus the judicial costs incurred pursuant to the judgment rendered on December 6, 2011. __________________________________ ARMANDO AZNAR, J.Q.C. Date of hearing: April 17, 2012.