2015 QCCQ 6489, 2015 QCCQ 6489
Opinion
Varma c. Video Maruty Inc. 2015 QCCQ 6489 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-143808-147 DATE: June 22, 2015 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ SOHAN L. VARMA Plaintiff v. VIDEO MARUTY INC. Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Sohan L.
Varma claims $4 000 from Video Maruty Inc. alleging numerous faults committed during the execution of a service contract for services as photographer and limousine provider. [ 2 ] Mr Varma is absent at trial notwithstanding his being duly advised of the date. [ 3 ] Video Maruty Inc. has filed a cross-demand for the balance of the price of its services in the amount of $1 457.30. [ 4 ] The evidence shows that although Video Maruty Inc. did in fact encounter certain difficulties in the execution of its contract, it made its best efforts in executing its obligations and executed extra services in order to compensate Plaintiff for shortcomings.
Also, all of the raw video footage and photographs were given to Mr Varma when he promised to pay the balance of the fees. He thereafter failed to do so. [ 5 ] The evidence shows that the balance as stated above is due. [ 6 ] Video Maruty Inc. has undertaken to remit to Mr Varma the two photo albums of the wedding as well as three videos still in its possession, as soon as it is paid the balance of its contract. The Court will take act of this undertaking. [ 7 ] Since Mr Varma was absent at trial, there is no evidence to support his claim. FOR THESE REASONS, THE COURT: DISMISSES the claim presented by Sohan L.
Varma; GRANTS the cross-demand; CONDEMNS Sohan L. Varma to pay to Video Maruty Inc. the sum of $1 457.13, plus interest at the legal rate as well as the additional indemnity provided for in
article 1619 of the Civil Code of Québec , as of the date of the cross-demand, December 5, 2011; CONDEMNS Sohan L. Varma to pay the legal disbursements in the amount of $137.00; TAKES ACT of Video Maruty Inc. undertaking to remit to Sohan L. Varma two photo albums ant three videos of the wedding. __________________________________ SCOTT HUGHES, J.C.Q.
Date of hearing: June 2, 2015
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