Kostecki c. Sobera 2012 QCCQ 5440 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-119673-095 DATE: July 6, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ KRYSTYNA KOSTECKI Plaintiff v.

ELZBIETA SOBERA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS , following an agreement which intervened between the parties, in July, 2008, plaintiff paid defendant $1,600.00, for 4 round-trip tickets to Poland, which defendant undertook to supply; [ 3 ] WHEREAS the trip was scheduled for the summer of 2009; [ 4 ] WHEREAS, in January, 2009, defendant further undertook to supply plaintiff with 4 round-trip tickets to the Dominican Republic, for $2,400.00, which plaintiff remitted to defendant; [ 5 ] WHEREAS this trip was scheduled for the winter of 2009; [ 6 ] WHEREAS when defendant failed to deliver the above tickets, plaintiff demanded that she reimburse her the monies paid; [ 7 ] WHEREAS defendant only reimbursed plaintiff the sum of $800.00; [ 8 ] WHEREAS defendant claims that she was "a messenger" and an "intermediary" between plaintiff and one Anna Adamczuk, a travel agent who allegedly defrauded her; [ 9 ] WHEREAS , however, defendant failed to disclose the name and identity of her alleged mandator to plaintiff, at the time of the above transactions, and is therefore personally liable; [ 10 ] WHEREAS plaintiff proved her allegations by a preponderance of evidence, and defendant did not; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's action; SENTENCES defendant to pay plaintiff the sum of $3,200.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for by

article 1619 of the Civil Code of Quebec , as of August 22, 2009 and the judicial fees of $127.00. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing : July 4, 2012