Wang c. Idrees (H and I Auto) 2023 QCCQ 2988 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-713353-201 DATE: May 10, 2023 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ CHANGSHENG WANG Plaintiff/Cross-defendant v.

MUHAMMAD IDREES doing business under the name of H and I Auto Defendant/Cross-plaintiff ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff is suing defendant, in damages, for having carried out faulty repair work to his vehicle. [ 2 ] Defendant denies liability, and is countersuing for $6,333.13. [ 3 ] GIVEN the evidence, namely the testimony of Changsheng Wang and Muhammad Idrees, as well as exhibits P-1 to P-6 and D- 1; [ 4 ] WHEREAS , on February 3, 2020, defendant carried out the repairs described in invoice no 1889, exhibit P-5, for $500.14; [ 5 ] WHEREAS , however, defendant did not give plaintiff a written estimate before carrying out said repairs, that which is contrary to s. 168 of the Consumer Protection Act ; [1] [ 6 ] WHEREAS , furthermore, there is no written contract regarding parking fees, that which is contrary to s. 24 of the Act ; [ 7 ] WHEREAS defendant must therefore reimburse plaintiff the sums he paid in this regard, namely $1,100.14; [ 8 ] WHEREAS , as regards the remainder of plaintiff’s claim, the evidence presented as to fault is insufficient (arts. 2803 and 2804 of the Civil Code of Quebec ); [ 9 ] WHEREAS plaintiff did not present any witnesses in support of his allegations regarding the alleged mechanical error; [ 10 ] WHEREAS , with regards to the cross-application, it is unfounded for the reasons above-stated and the Consumer Protection Act as above cited; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application in part; CONDEMNS defendant to pay plaintiff the sum of $1,100.14, plus interest at the legal annual rate and the additional indemnity provided for in

section 1619 of the Civil Code of Québec , from the date of the claim (October 28, 2020), and legal costs in the amount of

$104.00; and DISMISSES the cross-application. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: April 18, 2023