2016 QCCQ 6098, 2016 QCCQ 6098

Di Tota c. Cressaty (Beaurena Construction) 2016 QCCQ 6098 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-146685-153 DATE: June 28, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ TANIA DI TOTA and SUNIL KARANWAL Plaintiffs v.

PAUL CRESSATY doing business under the firm and style name of BEAURENA CONSTRUCTION Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS Paul Cressaty operates under the firm and style name of "Beaurena Construction"; [ 3 ] WHEREAS a contract of enterprise intervened between the parties, on May 20, 2014 (exhibit P-3); [ 4 ] WHEREAS defendant was hired to add an extension to plaintiffs' existing deck and to renovate the basement; [ 5 ] WHEREAS the contract provided for the services to be rendered in 3 weeks, for a fixed price of $14,573.27; [ 6 ] WHEREAS defendant had an obligation of result; [ 7 ] WHEREAS defendant was bound to act in the best interests of plaintiffs, with prudence and diligence, and to carry out work in accordance with usual practice and the rules of art and in conformity with the contract ( art. 2100 Civil Code of Quebec ); [ 8 ] WHEREAS it appears, from a preponderance of evidence, that defendant failed miserably on all fronts; [ 9 ] WHEREAS defendant and his employees worked a total of only 4 days, and even then averaged only 4 to 5 hours of work per day, despite the fact that plaintiffs had paid defendant $6,675.00 on account; [ 10 ] WHEREAS , furthermore, defendant failed to start working on May 26 th ; regularly interrupted his work at plaintiffs' to go elsewhere; and never bothered to return their calls; [ 11 ] WHEREAS defendant threatened plaintiffs with statements such as, "As of this moment, our contract is void.", and falsely accused plaintiff Karanwal of "offending" his worker as an excuse to demand more money; [ 12 ] WHEREAS , in fact, defendant's own witness denied being "yelled at" by Karanwal, and denied that he was ever rude or abusive or had even raised his voice; [ 13 ] WHEREAS defendant's testimony was simply not credible;

[ 14 ] WHEREAS defendant left the job site abruptly, without valid reason, and left the premises in a sore site; [ 15 ] GIVEN arts. 1375, 1458, 1591 and 2100 C.c.Q .; [ 16 ] WHEREAS , according to the preponderance of evidence, defendant did not honour his contractual undertakings and did not act in good faith; [ 17 ] WHEREAS , moreover, defendant did not abide by his legal obligations (arts. 37, 40, 41, 42, 219, 228 and 272 of the Consumer Protection Act ); [1] [ 18 ] WHEREAS plaintiffs are entitled to the reimbursement of the account paid, in the amount of $6,675.00, and a further amount of $700.00 to compensate for the trouble and inconvenience which they suffered as a direct result of defendant's faults and omissions; [ 19 ] WHEREAS plaintiffs are not entitled to extrajudicial legal fees; [2] [ 20 ] WHEREAS , with regards to the costs related to the alleged damage to the fence and lawn, the evidence is insufficient; WHEREFORE THE COURT HEREBY: GRANTS plaintiffs' motion, in part; SENTENCES defendant Paul Cressaty, doing business under the firm and style name of Beaurena Construction, to pay plaintiffs the sum of $7,375.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of June 25, 2014, and legal costs in the amount of $200.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: May 31, 2016