2023 QCCQ 1176, 2023 QCCQ 1176

Zoitsa Rougas c. Ultramar 2023 QCCQ 1176 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF LAVAL TOWN OF LAVAL Civil Division No: 540-32-704760-212 DATE: February 20, 2023 ______________________________________________________________________ BY THE HONOURABLE JULIE MESSIER, J.C.Q. ______________________________________________________________________ ANTONIA ZOITSA ROUGAS -et- KATSIGIANNIS DEMETRIOS Plaintiffs v.

ULTRAMAR Defendant ______________________________________________________________________ JUDGMENT rendered from the bench ______________________________________________________________________ [ 1 ] The Plaintiffs are claiming $15 000 in damages to Ultramar because their installer made a mistake in installing an oil tank causing a leak. [ 2 ] Ultramar did not post any contestation. [ 3 ] At a first trial the Plaintiff, Antonia Zoitsa Rougas, made the proof of the fault and a second trial was allowed in order for her to complete the proof for the damages and to add her husband as a Plaintiff.

They proved today that Antonia Zoitsa Rougas suffers from anxiety disorder that is well diagnosed since 1998. [ 4 ] The event of the oil spill caused her to react strongly and in these cases it’s her husband who takes time from work to help her. In this situation Antonia Zoitsa Rougas was in panic because she was afraid the oil would damage her house, her health and her family’s health.

After the cleaning, she could still smell it and her stress exploded because no one else could. [ 5 ] Or the insurer decided to make an air analysis in September of the same year and that analysis showed that the odour was still present and that Antonia Zoitsa Rougas was right. The smell was all over the house. A deeper clean was made and a ventilator was added to the system by October 31, six months after the fact, now the whole problem was resolved [ 6 ] Monsieur said that the noise from the fan, the help he had to procure to his wife added to a loss of time and work.

He has deposited a document proving that there was a huge difference within his salary from 2018 to 2019 of $98 000. [ 7 ] The parties claim for the $200 for the insurance deductible that they had to pay and for $12,700 in trouble, inconvenience and stress they had to go through during this six month’s period. [ 8 ] Considering the documents deposit today and the testimonies the parties have given to the Court for their claim, the claim is granted for $12 900. The balance of $2 100 was retrieved from the claim since it was reimbursed by the insurer.

FOR THESE REASONS, THE COURT : GRANTS in part the claim; ORDERS the Defendant to pay an amount of $12.900 to the Plaintiffs, with interests at the legal rate, plus the additional indemnity stipulated in

section 1619 of the Civil Code of Québec , from the final notice of March 18, 2021; ORDERS the Defendant to pay the legal costs associated with this claim in the amount of $211.

__________________________________ JULIE MESSIER, J.C.Q. Date of hearing: February 3, 2023