2022 QCCQ 5929, 2022 QCCQ 5929
Opinion
Seth c. 9149-8907 Québec inc. (Bocani) 2022 QCCQ 5929 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF LAVAL Civil Division No: 540-32-704266-210 DATE: June 30 th 2022 ______________________________________________________________________ BY THE HONOURABLE PATRICK CHOQUETTE, J.C.Q. ______________________________________________________________________ SUNIL (NEIL) SETH Plaintiff v. 9149-8907 QUEBEC INC. f.a.s.n. Bocani .
Defendant ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ [ 1 ] M.
Sunil Seth claims from 9149-8907 Quebec inc., doing business under the name Bocani, the amount of $ 11 480.65. [ 2 ] Defendant’s railing system installed in Plaintiff’s property was not built and manufactured in accordance with the building codes as it exceeded the maximum allowable gap of four inches. [ 3 ] Considering Defendant’s default to contest the demand; [ 4 ] Considering that the railing system is not built in accordance with the building codes; [ 5 ] Considering that this prevented the issuance of the approval of the new building with the municipality inspector of Niagara-on- the-Lake; [ 6 ] Considering that despite having received formal notice, Defendant did not correct the deficiencies; [ 7 ] Considering that these deficiencies are further evidenced by the report of the engineer Jonathan Belloci, dated March 9 2021; [ 8 ] Considering that M.
Seth has proven the cost of having those deficiencies repaired and procure a railing system that complies with the building codes; [ 9 ] Considering that these costs are supported by invoices totaling $ 4 665.64; [ 10 ] Considering that the Court his satisfied with the testimony of M.
Seth as to his loss of time and the cost of labour for installing the new railing system and repairing the deficiencies for the amount of $ 3 000.00; FOR THESE REASONS, THE COURT: [ 11 ] GRANTS in part Sunil Seth’s demand; [ 12 ] CONDEMNS 9149-8907 Quebec inc. to pay to Sunil Seth the sum of $ 7 665.64 with interests at the legal rate, plus the additional indemnity provided for by the
article 1619 C.c.q. together with legal costs of $ 211.00. __________________________________ PATRICK CHOQUETTE, J.C.Q. Date of hearing: June 30th 2022
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