Perrin c. Club Piscine super fitness 2012 QCCQ 3062 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-125818-106 DATE: April 10, 2012 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ GLEN PERRIN Plaintiff v.

CLUB PISCINE SUPER FITNESS Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff purchased from the Defendant a new pool liner. The price, including the installation, amounted to $756.26 [1] . [ 2 ] After the new pool liner was installed, the Plaintiff noticed that the floor was uneven as rocks extended beyond the liner and could rip it. [ 3 ] The Defendant sent its representative Mr. Stéphane Boucher who pushed the rocks in the soil. Mr.

Boucher, who has been installing pool liners for 24 years, says that the ground should have been levelled, which was not done in this case. If rocks still extend beyond the liner, it is up to the Plaintiff to simply push the rocks into the ground. The liner is not damaged or torn. [ 4 ] When Plaintiff had the liner installed, he did not have the soil levelled. He therefore cannot claim the value of the liner, as the liner has been installed and is not damaged. Nor can he claim the value of the bags of salt, as salt must be replaced in the spring after the pool has been partially drained in the fall.

Had the Plaintiff retain the services of the Defendant to level the ground, he could insist that the work be redone. However, he did not pay for this service. FOR THESE REASONS, THE COURT: DISMISSES Plaintiff's action WITH COST in the amount of $136 representing the judicial fees of the Contestation. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: March 26, 2012