2014 QCCQ 8506, 2014 QCCQ 8506

Kritis c. 9186-9647 Québec inc. (Construction Sar-Cor) 2014 QCCQ 8506 COURT OF QUÉBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF LAVAL TOWN OF LAVAL «Civil Division» No: 540-32-026603-132 DATE: September 5, 2014 ______________________________________________________________________ BY THE HONOURABLE PIERRE BACHAND, J.C.Q. ______________________________________________________________________ STEVE KRITIS Plaintiff v. 9186-9647 QUÉBEC INC. f.a.s.n.

LES CONSTRUCTIONS SAR-COR ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] There has been a joint hearing in files 540-32-026603-132 and 540-32-026604-130. In these files, the plaintiffs are both owners of a duplex house. They have a common balcony but different staircases.

Each of the owners contracted with the defendant company to redo and replace completely the balcony and the staircases. [ 2 ] The result was very unsatisfactory and the Court will focus only on the balcony because, due to the limited jurisdiction of this court, plaintiffs cannot claim more than 7 000,00$. To make it a short story, the cement is flaking, cracking and falling apart. The defendant company offered to resurface the balcony in order to give satisfaction to the clients but to no avail. The damages are only increasing. [ 3 ] Mr. Vaglis is also sued personally.

He is the president of the defendant company. There is no valid reason to do so. And the claim will be dismissed against him personally. [ 4 ] Mr. Vaglis acknowledges that the result is totally unsatisfactory. He suggested at the hearing, on August 29, 2014, that he could redo the job if the plaintiffs were ready to pay for the concrete. Of course, the plaintiffs do not agree. They have tried tremendously to settle this matter before and asked him repeatedly to redo the job since it was first done on June 15, 2012 but with no positive result.

The Court agrees that they do not have to pay for the materials for an unsatisfactory job. [ 5 ] It will cost for each part of the balcony in each file more than 7 000,00$ to brake the concrete, remove the aluminium railings and the existing steps and redo de job. This is the amount to which the plaintiffs are entitled in each case. FOR THESE REASONS, THE COURT: [ 6 ] CONDEMNS 9186-9647 QUÉBEC INC. to pay to the plaintiffs an amount of 7 000,00$ with interest at the legal rate plus the additional indemnity provided in

section 1619 of the Civil code of Québec , as of August 4, 2011. [ 7 ] THE WHOLE with costs. [ 8 ] DISMISSES the claim against Sam Vaglis, without costs. __________________________________ Pierre Bachand, J.C.Q.

Date of hearing: August 29, 2014