Sharnobi c. Wattier 2015 QCCQ 3523 COURT OF QUEBEC « Small Claims Division » CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Division» No: 500-32-144243-146 DATE: April 27, 2015 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ MOHAMAD SHARNOBI Plaintiff v.

CARL WATTIER Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mohamad Sharnobi claims $ 950 from Carl Wattier because the telephone he purchased from him in response to a Kijiji ad does not have the technical specifications advertised and is defective. [ 2 ] Although Mr. Wattier filed a contestation in response to Mr. Sharnobi’s claim and was duly convened and called at the hearing, he did not appear before the Court. The case was therefore heard by default. [ 3 ] Mr.

Sharnobi has demonstrated to the Court through his testimony and that of Mr. Ifran Shgikr, as well as through the Statement in lieu of testimony of a Best Buy representative, that the telephone sold by Mr. Wattier is in fact defective and does not have the technical specifications advertised. [ 4 ] In view of the foregoing, Mr. Sharnobi is entitled to obtain the cancellation of the sale and the reimbursement of the purchase price of $ 250. He is also entitled to compensation for the damages suffered and the Court finds that $ 100 is an adequate compensation for the trouble and inconvenience he suffered.

FOR THESE REASONS, THE COURT: GRANTS the action in part; CONDEMNS the defendant Carl Wattier to pay to the plaintiff Mohamad Sharnobi an amount of $ 350, together with interest at the legal rate and the additional indemnity provided for in

article 1619 of the Civil Code of Québec from September 24, 2014; WITH COSTS in the amount of $ 74.25 representing the judicial stamp of the Application. __________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: April 14, 2015