2013 QCCQ 11219, 2013 QCCQ 11219

Boateng c. Honda Shop Canada 2013 QCCQ 11219 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-129704-112 DATE: September 25, 2013 ______________________________________________________________________ BY THE HONOURABLE GATIEN FOURNIER, Q.C.J. ______________________________________________________________________ OKAI JOYCE APPIAH BOATENG Plaintiff v.

HONDA SHOP CANADA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims an amount of $1,327.22 from the Defendant for a transmission that she had to replace on a car purchased from him. [ 2 ] The Defendant was informed of the date of the Court hearing by a notice that was mailed on July 24, 2013. The Defendant was however absent on the date of the Court hearing.

The matter proceeded without the Defendant. [ 3 ] On February 4th, 2011, the Plaintiff purchased a Hyundai Elantra 2002 (Hyundai) from the Defendant. At the time of the purchase, the Hyundai had approximately 210 000 kilometers on the odometer. [ 4 ] The Defendant is a used car dealer. [ 5 ] Two weeks after the purchase, on February 18th, 2011, the transmission of the Hyundai ceased to work. The car was towed to Spiros Auto to be inspected. It cost the Plaintiff 74.05 $ for the towing services. [ 6 ] On February 18th, 2011, the Plaintiff met the Defendant's representative, Mr. Hadi (Hadi).

Hadi confirmed to the Plaintiff that the Defendant would not participate in the repair of the Hyundai. [ 7 ] In the meantime, the Plaintiff purchased another car from another dealer. She delivers papers and she needs a car to work. [ 8 ] The Hyundai remained at Spiros Auto until the end of June 2011. The Plaintiff did not have sufficient funds to proceed with the repair of the Hyundai until then. [ 9 ] Spiros Auto's representative, Spiros Toukalas (Toukalas) testified. He has been a mechanic for more than 50 years.

He inspected the Hyundai's transmission and confirmed that it was worn-out and that it had to be replaced. He found a used transmission and installed it on the Hyundai. Spiros Auto billed an amount of $1,237.17 for the transmission's replacement.

[ 10 ] Toukalas mentioned that the used transmission installed on the Hyundai, with appropriate maintenance, should last for an additional 100 000 to 150 000 kilometers. He also confirmed that a transmission in a car such as the Hyundai should be good for more than 300 000 kilometers. [ 11 ] Toukalas confirmed that the Plaintiff paid Spiros Auto the total amount owed for the replacement of the transmission. [ 12 ] On July 5, 2011, the Plaintiff, by way of a letter of demand, asked that the Defendant reimburse her for her expenses incurred for the replacement of the Hyundai's transmission.

The Defendant refused to comply. [ 13 ] The Hyundai sold by the Defendant was covered by the warranty of quality provided for by

Section 38 of the Consumer Protection Act and

Article 1726 of the Civil Code of Quebec . [ 14 ] The Plaintiff showed, on a balance of probability, that she is entitled to the reimbursement of the expenses incurred by her in the amount of $1,327.22 for the replacement of the Hyundai's transmission. FOR THOSE REASONS, THE COURT: GRANTS, the application of the Plaintiff. CONDEMNS the Defendant to pay the amount of $1,327.22 to the Plaintiff with interest at the legal rate of 5% plus the additional indemnity provided for by

article 1619 of the Civil Code of Quebec as of the date of the application on July 25, 2011, plus legal costs in the amount of $100.00. __________________________________ GATIEN FOURNIER, Q.C.J. Date of hearing: September 24, 2013