2018 QCCQ 7668, 2018 QCCQ 7668

Lord c. Quesnel 2018 QCCQ 7668 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS TOWN OF SALABERRY-DE-VALLEYFIELD « Civil Division » N° : 760-32-018263-188 DATE : October 11th, 2018 ______________________________________________________________________ BY THE HONOURABLE J. SÉBASTIEN VAILLANCOURT, J.C.Q. ______________________________________________________________________ HENRY LORD Applicant c.

GILLES QUESNEL Defendant ______________________________________________________________________ REVISED TRANSCRIPTION OF A JUDGMENT RENDERED ORALLY ON OCTOBER 11 TH , 2018 [1] ______________________________________________________________________ [ 1 ] Henry Lord asks the Court to cancel the sale of a Jeep 2007 Compass and to order Gilles Quesnel to pay him $ 1,938.52. [ 2 ] Mr. Quesnel is not present at Court although duly called. [ 3 ] The Court proceeded to the hearing of the case despite the absence of Mr. Quesnel. [ 4 ] The evidence shows that Mr. Lord purchased a Jeep 2007 from Mr.

Quesnel on October 22nd, 2017 for the price of $ 1,700.00 [2] . [ 5 ] Evidence also shows that the transmission of the car needs to be replaced at the cost of $ 3,127.32 as appears from an estimate [3] . [ 6 ] Mr. Lord testifies thaht he did not have the car inspected before he purchased it but the evidence convinces the Court that the transmission’s problem was not apparent when he purchased the car. [ 7 ] Evidence also convinces the Court that the problem existed at the time of the sale. [ 8 ] The Court underlines the fact that Mr. Quesnel is not a merchant. [ 9 ] Considering that Mr.

Lord payed $ 1,700.00 for the car and that the repairs would cost more than $ 3,000.00, the cancellation of the sale is justified. [ 10 ] As to the claim of $ 1,938.52, Mr. Lord explains that he wants a refund of the sum of $ 1,700.00 that he paid to Mr. Quesnel as well as a refund of the sum of $ 218.10 that he paid for the registration of the car at the Société de l’assurance automobile du Québec [4] . [ 11 ] Mr. Lord also says that he would like to get a refund of what he paid for the insurance but the evidence does not support that claim. [ 12 ] Under these circumstances, Mr.

Lord is entitled to a refund of $ 1,918.10 with interests at the legal rate and the additional indemnity provided for in

Article 1619 of the Civil Code of Québec as of the date of the mise en demeure which is November 25th, 2017 [5] . FOR THESE REASONS, THE COURT : [ 13 ] GRANTS in part the modified Application; [ 14 ] CANCELS the sale of the Jeep Compass 2007 that took place on October 22nd, 2017; [ 15 ] ORDERS Gilles Quesnel to pay to Henry Lord the amount of $ 1,918.10 with interests at the legal rate and the additional indemnity provided for in

Article 1619 of the Civil Code of Québec as of November 25th, 2017;

[ 16 ] ORDERS Henry Lord to give back to Gilles Quesnel the Jeep Compass 2007 upon receipt of the amount of $ 1,918.10; [ 17 ] ORDERS Gilles Quesnel to pay to Henry Lord the legal costs of $ 101.00. __________________________________ J.SÉBASTIEN VAILLANCOURT, J.C.Q. Date of transcription: October 25th, 2018