2015 QCCQ 8066, 2015 QCCQ 8066

Acquah c. Auto internationales 2000 inc. 2015 QCCQ 8066 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL «Civil Division» No: 500-32-139826-137 DATE: September 9, 2015 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ Howard acquah Plaintiff v.

AUTO INTERNATIONALES 2000 INC. -and- SYLVAIN DELISLE Defendants -and- 6203604 CANADA INC., doing business under the name of Royal Auto Parts Defendant in warranty ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims $3,000 from Defendants Autos Internationales 2000 inc. (« Auto ») and its employee, Mr. Sylvain Delisle, for reimbursement of a deposit made towards the purchase of car parts.

FACTUAL CONTEXT [ 2 ] In November 2012, Plaintiff purchased three damaged cars, including an Acura MDX, from Auto with the intent of repairing and reselling them. [1] [ 3 ] On November 26, 2012, Plaintiff asked Auto to arrange for the purchase on his behalf of the parts needed to repair the Acura MDX. Auto immediately contacted Defendant in warranty and arranged to purchase said parts on behalf of Plaintiff for an agreed price of $6,000. Plaintiff paid $3,000 to Auto’s employee, Mr.

Sylvain Delisle, [2] who was to remit it to Defendant in warranty in partial payment of said parts. [ 4 ] According to Plaintiff, the deposit was never remitted to Defendant in warranty and he never received the parts he purchased. On this basis, he asks that Auto and Mr. Delisle be held solidarity responsible to pay to him the amount of $3,000. [ 5 ] In January 2013, Auto agreed to cancel Plaintiff’s purchase of the damaged cars.

ANALYSIS [ 6 ] Plaintiff has the onus of proving the facts on which his claim is based. [3] He has failed to meet this onus. [ 7 ] Rather, Auto and Defendant in warranty have proven to the satisfaction of the Court that the $3,000 paid by Plaintiff to Mr.

Delisle was duly remitted to Defendant in warranty and applied in partial payment of the purchase price for the auto parts; that Defendant in warranty procured the parts from a third party; and that Defendant in warranty repeatedly offered to deliver the parts to Plaintiff upon payment of the balance of the purchase price. [ 8 ] As became apparent during the hearing, Plaintiff is really seeking to cancel his purchase of the parts from Defendant in Warranty given that he cancelled his purchase of the Acura MDX.

He has no legal grounds, however, to obtain such a cancellation or the reimbursement of the partial payment of the purchase price. FOR THE REASONS, THE COURT: DISMISSES the action; WITH COSTS of $174 in favour of defendant Autos Internationales 2000 inc. representing the judicial stamp of its contestation; DISMISSES the action warranty, without costs .

__________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: May 26, 2015