2011 QCCQ 4238, 2011 QCCQ 4238

Karpman c. Best Buy Canada Ltd. (Future Shop) 2011 QCCQ 4238 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-121214-102 DATE: April 12, 2011 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ RONALD KARPMAN […] Montreal West (Qc) […] Plaintiff v.

BEST BUY CANADA LTD. doing business under the name Future Shop 6321 Transcanada HWY #12 Pointe-Claire (Qc) H9R 5A5 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff, Ronald Karpman, is claiming $2,025 from Defendant, Best Buy Canada Ltd. doing business under the name Future Shop, for failing to give him the discount agreed upon for the computer he purchased and for damages. Defendant offered to settle but its offer was not accepted.

The evidence: [ 2 ] Plaintiff sought an Apple computer from Defendant in November 2009. The model he wanted was not in stock. He purchased a basic computer by means of Defendant's lay away plan, with the understanding that when the upgraded version he had ordered arrived, the increased amount payable would be reflected on a subsequent invoice. [ 3 ] Plaintiff had requested a 5% discount. Defendant had agreed to do so, as shown on Plaintiff's invoice. When the upgraded computer arrived, Defendant's manager refused to grant the discount.

Analysis: [ 4 ] Plaintiff contracted with Defendant for the purchase of an Apple computer. Defendant agreed, upon Plaintiff's request, to provide him with a 5% discount on the purchase price. Defendant failed to respect its contractual obligations. It is therefore liable for the undertaking it had made. [ 5 ] Plaintiff is claiming $2,025.16 to cover the cost of his discount, his demand letter, registered mail, his time to prepare for Court, his Court appearance and lost earnings. [ 6 ] The claim is excessive. Litigants are not compensated for the time taken to prepare or plead their case.

Plaintiff is entitled to the agreed upon discount of $125 plus tax (exhibit P-5) based upon the computer cost of $2,499 and the cost of his registered letter, which is $9.07. In the absence of evidence of any other damages suffered, none are granted.

FOR THESE REASONS, THE COURT: GRANTS , in part, Plaintiff's action; CONDEMNS Best Buy Canada Ltd. doing business under the name Future Shop, to pay Ronald Karpman the sum of $151.48 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil Code of Quebec since the demand letter of December 26, 2009 plus judicial fees of $99. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: February 22, 2011