2023 QCCQ 3688, 2023 QCCQ 3688

Kadum c. Meuble Valeur Inc. 2023 QCCQ 3688 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-160715-191 DATE: May 25, 2023 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ ISMAEL KADUM Plaintiff v.

MEUBLE VALEUR INC. and KAREN ASSYAG Defendants ______________________________________________________________________ JUDGMENT RENDERED BY DEFAULT ______________________________________________________________________ [ 1 ] Notwithstanding having been duly summoned and called, defendants did not present themselves for trial. [ 2 ] On June 3, 2019, plaintiff bought a sofa set from defendant Meuble Valeur Inc. (“Meuble”) for $3,794.18 (contract, exhibit P- 1). [ 3 ] Meuble undertook to deliver the set by no later than mid-July (4 to 6 weeks). [ 4 ] One week later, plaintiff decided to choose another fabric, that to which Meuble agreed.

The delivery delays were to remain the same. [ 5 ] On June 30, 2019, Meuble advised plaintiff that the fabric he had chosen was no longer available, and undertook to reimburse him the amount paid, that which it failed to do. [ 6 ] Plaintiff called Meuble, on numerous occasions, to no avail. [ 7 ] On July 3, 2019, plaintiff sent Meuble a demand letter (exhibit P-4). [ 8 ] Finally, on August 13 th , plaintiff learned that Meuble had only given him a partial credit of $3,294.18 (vs. $3,794.18).

It is interesting to note that, at the time of the sale, Meuble asked plaintiff to pay the full amount, before production, and to divide the payment as he did, namely $3,294.18 on his credit card and $500.00 on his debit card. [ 9 ] On August 19, 2019, plaintiff filed his claim for $4,000.00, representing the balance owed of $500.00 plus $3,500.00 for his stress, trouble and inconvenience. At trial, plaintiff described the damages he sustained, in detail, including the reasons for which he believed Meuble should be condemned to pay punitive damages.

[ 10 ] GIVEN the evidence, namely plaintiff’s credible testimony and exhibits P-1 to P-6; [ 11 ] WHEREAS , according to the preponderance of evidence, Meuble failed to honour its contractual and legal obligations towards plaintiff; [ 12 ] WHEREAS , once it agreed to cancel the sale, it was incumbent upon Meuble to reimburse plaintiff in full; [ 13 ] GIVEN sections 16, 40, 42, 43, 219, 228 and 272 of the Consumer Protection Act ; [1] [ 14 ] GIVEN sections 1375, 1437 and 1458 of the Civil Code of Québec ; [ 15 ] WHEREAS plaintiff is entitled to the following compensation for the injury he sustained, as a direct result of Meuble’s faults and omissions: a) $500.00 representing the balance owed by defendant in reimbursement of the purchase price, following its failure to deliver the goods as promised; b) $150.00 for the stress, anxiety, trouble and inconvenience suffered by plaintiff as a direct result of Meuble’s faults and omissions; and c) $150.00 representing punitive damages in virtue of

section 272 in fine of the C.P.A.; [ 16 ] WHEREAS , however, there is no lien de droit between plaintiff and Karen Assyag personally; WHEREFORE THE COURT HEREBY: GRANTS plaintiff’s claim, in part, against Meuble Valeur Inc.; CONDEMNS Meuble Valeur Inc. to pay plaintiff the sum of $800.00, plus interest at the legal annual rate and the additional indemnity provided for in

section 1619 of the Civil Code of Québec , from June 3, 2019, and legal costs in the amount of $103.00; DISMISSES the claim against Karen Assyag personally. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: May 5, 2023