2013 QCCQ 15413, 2013 QCCQ 15413

Struzer c. Atelier de débosselage Isabella inc. 2013 QCCQ 15413 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-135917-120 DATE: December 13, 2013 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ HOWARD STRUZER Plaintiff v. ATELIER DE DÉBOSSELAGE ISABELLA INC .

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff, Howard Struzer, claims from the Defendant, Atelier de débosselage Isabella Inc., the costs for having a third party redo the body work initially done by the Defendant.

THE FACTS [ 2 ] The Plaintiff is the owner of a 2002 Pontiac Grand Prix which in July 2012, registered 148,000 kilometres on the odometer. [ 3 ] In July 2012, the car was involved in an incident and was brought to the Defendant for repairs. [ 4 ] The car was insured with Intact Assurance who estimated the repairs at $3,210.30. The insurer paid to the Defendant $2,886.27 and $1,200 was paid by the Plaintiff to cover the deductable, plus additional repairs that did not result from the incident. [ 5 ] Once the work was completed, the Plaintiff was not satisfied.

He asked that the adjuster, Alain Hamel, inspect the vehicle at Defendant’s garage. Notwithstanding these complaints, the Plaintiff nevertheless took possession of the car and declared to the Defendant he was satisfied. [ 6 ] However, one year later, the Plaintiff again complained that the work was unacceptable. Mr. Hamel inspected the vehicle a second time.

He confirms that part of the work, especially the varnish on certain portions of the car was defective. [ 7 ] The Plaintiff obtained two estimates, one from Carrossier ProColor for a total amount of $7,124.10 [1] , which the latter was prepared to reduce to $5,000, plus taxes and a second estimate at $6,332.82 from Carrosserie Provincial [2] . [ 8 ] According to Mr. Hamel, the estimates could be as high because additional damages must have been caused, for example, rust. He estimates that an amount of $1,500 would be sufficient to correct the work done by the Defendant. [ 9 ] The Court agrees with Mr.

Hamel’s estimate, especially considering the value of the car, in light of the age of the car and the kilometres.

FOR THESE REASONS, THE COURT : GRANTS in part Plaintiff’s action; CONDEMNS the Defendant, Atelier de débosselage Isabella Inc., to pay to the Plaintiff, Howard Struzer, the sum of $1,500, plus interest at the annual rate of 5 %, and an additional indemnity provided for by articles 1619 of the Civil Code of Quebec , as of October 1 st , 2012; WITH COSTS , in the amount of $136, representing fees for institutional procedure and the judicial stamp of the demand. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: December 10, 2013