2018 QCCQ 2536, 2018 QCCQ 2536

RL Moda Wigs Inc. c. 2858-3102 Québec inc. (MS Continental Pneus et services) 2018 QCCQ 2536 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-152398-162 DATE: April 20, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ RL MODA WIGS INC. Plaintiff v. 2858-3102 QUÉBEC INC. doing business under the trade and style name of M.S.

CONTINENTAL PNEUS ET SERVICES Defendant / Plaintiff in warranty and PETROS RIZOS Defendant in warranty ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including the testimony of Laurie Brown, Georges Boulos, Megan Lachut and Petros Rizos and exhibits P-1 to 10; [ 2 ] WHEREAS plaintiff bought 4 winter tires from defendant company (hereafter “Continental”), on November 20, 2014 (contract of sale, exhibit P-1); [ 3 ] WHEREAS defendant Petros Rizos, Continental’s employee, installed the tires at a later date, namely on December 1, 2014, at the residence of plaintiff’s principal Laurie Brown; [ 4 ] WHEREAS , according to Brown, after Rizos installed the winter tires, he left with the summer tires, with a view to store them at Continental’s place of business; [ 5 ] WHEREAS , according to Rizos, he did not take the summer tires, but rather left them in front of Brown’s garage; [ 6 ] WHEREAS the Court is confronted with two opposing versions of what occurred on December 1, 2014; [ 7 ] WHEREAS , however, the exchange of texts between Brown and Rizos, as well as between Brown’s husband and Rizos, support plaintiff’s version of the events (texts, exhibits P-3 to P-5); [ 8 ] WHEREAS , in particular, Rizos’ text to Brown, on June 5, 2015, states: “I told to your husband that YOUR TIRES ARE NOT at the garage cuz you never came to pay and sing the paper for storage they are at my storage and you will have them this week ok thank you and have I nice day. 4:07 PM” (sic) (exhibit P-5) [ 9 ] WHEREAS , on December 1, 2014, Rizos was acting in his capacity as Continental’s employee; [ 10 ] WHEREAS Georges Boulos, Continental’s principal, admitted that he was aware of and agreed to Rizos installing the winter

tires at Brown’s home, in order to accommodate her (Continental had initially ordered the wrong tires for plaintiff); [ 11 ] WHEREAS it follows that Brown was justified in presuming that Rizos would take the summer tires for storage at Continental; [ 12 ] GIVEN art. 1463 of the Civil Code of Quebec ; [ 13 ] WHEREAS Continental is liable towards plaintiff for the loss of the summer tires; and, alternatively, Rizos is liable towards Continental for the damages it will incur as a direct result thereof; [ 14 ] WHEREAS plaintiff did not produce a sales receipt for the summer tires; [ 15 ] WHEREAS , according to Brown, the tires were one year old; [ 16 ] WHEREAS , given the evidence adduced, in its discretion, the Court estimates the damages at $1,500.00; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's claim against 2858-3102 Québec Inc., in part; CONDEMNS 2858-3102 Québec Inc. to pay plaintiff the sum of $1,500.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , from July 1, 2015, and legal costs in the amount of $150.00; GRANTS 2858-3102 Québec Inc.’s warranty claim against Petros Rizos; CONDEMNS Petros Rizos to pay 2858-3102 Québec Inc. the above amounts and legal costs in the amount of $150.00. __________________________________ ELIANA MARENGO, J.C.Q. Dates of hearings: January 9 and March 19, 2018