2015 QCCQ 6382, 2015 QCCQ 6382

Guignion c. Automobiles Mauger Ford 2015 QCCQ 6382 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF G aspé TOWN OF GASPÉ Civil Division No: 140-32-002021-142 DATE: April 21 th , 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ JAMES GARTH GUIGNION Plaintiff v.

AUTOMOBILES MAUGER FORD Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mister James Garth Guignion (M. Guignion) claims an amount of 957.68 $ from Automobiles Mauger Ford (Mauger). [ 2 ] M. Guignion is looking for a used pick-up style vehicle. He finds a model that suits him at the Mauger dealership.

The vehicle is a Ford 150 XL 2009 with a cracked windshield. [ 3 ] He meets the seller who gives him a document entitled "label for vehicle sales ..." (D-3), indicating that the vehicle's sale price is 13 916.07$. The parties agree on this price and M. Guignion signs the document (D-3) dated November 7, 2013. During their discussions, the seller indicates that he will repair the windshield before the delivery of the vehicle. [ 4 ] At this time, M. Guignion prefers to be given four winter tires instead of repairing the windshield. The value of the tires is 945.95$ including taxes.

Upon delivery of the tires, he receives an invoice with the mention "free" on the statement and signed by the seller, November 7, 2013 . [ 5 ] M. Guignion claims the sum of 945.95$ plus postage for the notice because he claims that Mauger added the sum of 945.95$ to the equipment

section of the sales contract. So, he paid the tires, and that, contrary to their agreement. [ 6 ] In defence, Mauger represented by Éric Normandeau, Executive Director who is also the seller (M. Normandeau) shows that the price of the tires has indeed been included in the sale price. However, they had reduced the agreed selling price from 13 916.07$ to 12 971.07$. Later, they added the amount of 945.00$. The final sale price is still 13 916.07$. [ 7 ] In addition, it should be noted that M. Guignion signed a sales contract and a detailed financing contract written in English upon the acquisition of the vehicle.

Moreover, M. Guignion testifies that he knows the automotive world, having worked several years at a Ford dealership and that, it is for this reason he does not trust the car dealer. [ 8 ] The contract is clear, the final price including winter tires is 13 916.07 $. The Court can only conclude that M. Guignion has gotten his tires for free. [ 9 ] In civil law, the burden of proof is on Plaintiff’s shoulders in accordance with the principle provided for in

article 2803 Civil code of Quebec . which states “a person wishing to assert a right shall prove the facts on which his claim is based”. [ 10 ] After analysing this case and the evidence adduced, the Court considers that the plaintiff has not established, through preponderant evidence, that his claim is well-founded. THEREFORE, the Court: DISMISSES Plaintiff's claim, with costs $127.00.

__________________________________ CELESTINA ALMEIDA, J.C.Q. Date of hearing: March 23, 2015