Mandy c. Cycles & sports ABC ltée 2011 QCCQ 13761 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-123780-100 DATE: November 7, 2011 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.Q.C. ______________________________________________________________________ A. Sasha MANDY […] Montréal (Québec) […] Plaintiff v. CYCLES & SPORTS A.B.C. LTÉE 5584, Avenue du Parc Montréal (Québec) H2V 4H1 and ACCESSOIRES POUR VÉLOS O.G.D.

LTÉE 10555, Henri-Bourassa Ouest St-Laurent (Québec) H4S 1A1 Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from Defendants the sum of $290.17 in damages following the theft of his bicycle that occurred on April 4, 2010. [ 2 ] Plaintiff demands that Defendants be held liable for the damages sustained by him alleging that the lock purchased from Defendant, Cycles & Sports A.B.C.

Ltée, was affected with latent defects, which defects allowed the thief or thieves to break it and steal the bicycle. [ 3 ] Defendant, Accessoires pour Vélos O.G.D. Ltée, is sued by Plaintiff in its capacity of distributor of the purchased lock whereas Defendant, Cycles & Sports A.B.C.

Ltée, is sued in its capacity of vendor of the said lock. [ 4 ] Considering that Plaintiff had the burden of proof regarding the existence of the latent defects alleged by him and affecting the purchased lock. [ 5 ] Considering that Plaintiff has not established, by preponderance of the evidence, that the lock purchased by him was affected with latent defects which allowed the thief or thieves to break it and steal the bicycle and, for the reasons exposed and read in open court, THE COURT: DISMISSES Plaintiff's action, without costs. __________________________________ ARMANDO AZNAR, J.Q.C.

Date of hearing: November 7, 2011.