2013 QCCQ 6363, 2013 QCCQ 6363

Gordonn c. Maxi Lasalle 2013 QCCQ 6363 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-125522-104 DATE: June 20, 2013 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ CASSANDRA GORDON […] , Ville La Salle, Québec […] Plaintiff v.

MAXI LASALLE 2101, Dollard, La Salle, Québec H8N 1S2 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Cassandra Gordon is suing Maxi LaSalle (“Maxi”) for $7,000, following an accident she had in its store. Maxi denies responsibility. The evidence: [ 2 ] On October 27, 2007, Ms. Gordon was grocery shopping at Maxi, with her daughter. At 2:45 p.m., she slid on liquid that had spilled on the ground and fell to the floor, hitting her back and injuring it.

She immediately advised an employee named Nick, who was to complete a report. [ 3 ] Ms. Gordon consulted Dr. Ubani in October 2007. She was given a prescription for pain killers, for antidepressants as well as a prescription for physiotherapy because of persistent pain. In January 2009, she received a prescription for a brace for her back, which she wears constantly. [ 4 ] Ms. Godon cannot lift any weight and has difficulty standing or walking for any length of time. Because of her physical condition, she is unable to complete her studies or work.

Since she was unable to bring her daughter to school, she had to take her out of daycare. She had to buy an orthopaedic bed and take taxis because of her condition. She also had to hire someone to provide cleaning services, as evidenced by the invoices she submitted. [ 5 ] Maxi completed an accident report. Since its insurance adjuster had not received any documents regarding her medical condition after Ms. Gordon’s accident, it refused to pay her claim. After she provided documentation in support of her claim, Maxi presented an offer to settle the file. Since Ms.

Gordon has not accepted it, the Court is rendering the present judgment. Analysis: [ 6 ] Ms. Gordon seeks compensation for her inconvenience, pain and suffering. To succeed in her action, she must show that her

damages are the result of Maxi’s fault. In this regard, Ms. Gordon described in detail the circumstances of her fall at Maxi’s, resulting from liquid having been left on the floor of the store. [ 7 ] The Court concludes that Maxi is responsible for Ms. Gordon’s fall, on October 27, 2007, and for her ensuing injuries. [ 8 ] The documents submitted by Ms. Gordon show multiple visits to Dr Ubani at the Côte-des-Neiges Medical Clinic. The diagnosis in 2007 was acute lumbar strain.

In July 2008, a CT scan showed the presence of a disc injury, with bulging of the disc at the lumbar and sacro levels ( L3-4, L4-5 and L5-S1 discs). She was referred to an orthopaedic clinic and to physiotherapy. The physiotherapist noted, amongst others, in her April 2013 evaluation Ms. Gordon’s pain and physical limitations. The last entry in 2013, from the Medical Clinic shows she has a chronic pain syndrome, requiring analgesics. [ 9 ] Ms.

Gordon has established that her pain has persisted since her accident and that she suffers multiple problems, including the necessity of wearing a brace, difficulty sleeping, an inability to lift her child, walk or stand for any length of time and carry out daily chores. [ 10 ] In light of the foregoing, the Court considers her claim is well founded and grants Ms. Gordon $7,000 as compensation. FOR THESE REASONS, THE COURT: GRANTS the introductory motion; CONDEMNS Maxi LaSalle to pay Cassandra Gordon $7,000 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil code of Québec since the institution of the action. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: February 12, 2013