2011 QCCQ 2403, 2011 QCCQ 2403

Levy (Yarmalkas BWRL enr./Yarmalkas BWRL Reg'

d) c. Shamir 2011 QCCQ 2403 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-121734-109 DATE: March 15, 2011 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ RHONDA LEVY, doing business under the name Yarmalkas BWRL Reg’d/Enr. […] Dollard-des-Ormeaux Québec […] Plaintiff v.

JUDITH SHAMIR ELIE ISRAËL [...] Dollard-des-Ormeaux Québec […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Rhonda Levy doing business as Yarmalkas BWRL Reg'd/Enr. is suing Judith Shamir and Elie Israël for $1,133.42, alleging they failed to pay for a custom order of yarmalkas. Defendants, although duly convened, were not present at the hearing. The evidence: [ 2 ] Plaintiff makes custom yarmalkas [1] ; the family has been in this business for approximately 30 years.

In the fall of 2009, Defendants approached Plaintiff to place an order for their son's bar mitzvah [2] , to be held in December 2009. [ 3 ] Plaintiffs showed them an example of their yarmalkas. After seeing the sample, Defendants agreed to the production and ordered 200 charcoal grey yarmalkas. Their son's name was to be embroidered inside them. [ 4 ] Three weeks before the bar mitzvah, Defendants made a second order for 100 yarmalkas in silver grey and again signed the proof.

The cost for the two orders came to $983.41 including tax. [ 5 ] When the yarmalkas were made, Defendants refused the finished product, claiming they were badly sewn and full of bumps. According to Plaintiff, the yarmalkas that were made correspond to the sample that had been shown to Defendants. Analysis: [ 6 ] Defendants placed two orders for yarmalkas at a total cost of $983.41. They refused to accept or pay for the goods. [ 7 ] Plaintiff seeks payment for the yarmalkas she made for Defendants. Since it was a custom order, they cannot be resold to another customer. [ 8 ]

Article 1458 of the Civil code of Quebec states: Every person has a duty to honour his contractual undertakings. Where he fails in this duty, he is liable for any bodily, moral or material injury he causes to the other contracting party and is liable to reparation for the injury…

[ 9 ] Having placed the orders, requesting that Plaintiff make the yarmalkas in question, Defendants are responsible to pay Plaintiff $983.41, in accordance with the contract they concluded. [ 10 ] In addition to the cost of the production, Plaintiff is claiming $150 for the time spent in Court. Such a claim is not granted. Parties are not compensated for their Court appearances. FOR THESE REASONS, THE COURT: GRANTS , in part, Plaintiff's action; CONDEMNS Defendants, Judith Shamir and Elie Israël, to pay Plaintiff, Rhonda Levy, doing business as Yarmalkas BWRL Reg'd/Enr., the sum of $983.41 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec , since January 20, 2010, plus judicial fees of $99. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: March 7, 2011