2012 QCCQ 6088, 2012 QCCQ 6088

Sivacilar c. El-Sayed 2012 QCCQ 6088 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-119945-097 DATE: May 29, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ SAM-HASAN SIVACILAR Plaintiff v.

HASSAN EL-SAYED and HUSSEIN EL-SAYED Defendants ______________________________________________________________________ JUDGEMENT ______________________________________________________________________ [ 1 ] Defendants operate a garage. They are being sued by plaintiff for shoddy repair work. [ 2 ] Defendants allege that plaintiff used his vehicle for commercial purposes. This is denied by plaintiff.

The vehicule was driven approximately 15,000 kms in a nine month period (September 2008 to June 2009), so commercial use is unlikely (exhibits P-1 and P-3). [ 3 ] Plaintiff can therefore be considered to be a consumer. [ 4 ] Plaintiff remitted his car, a 2000 Golf Jetta, with almost 400,000 kms, to defendants, for repair, on September 12, 2008. [ 5 ] Despite numerous attempts to repair the vehicule in 2008 and 2009, defendants were unable to do so. Plaintiff paid defendants $2,100.00 for said repairs (exhibit P-7). Plaintiff also spent $275.00 on parts.

It is to be noted that only one estimate and invoice was prepared by defendants (exhibit P-2). [ 6 ] Be that as it may, defendants being unavailable and unable to execute the repairs in a timely fashion, in June, 2009, plaintiff hired a third party to repair the car (the transmission was rebuilt for $2,597.20; exhibit P-4). [ 7 ] WHEREAS defendants last worked on the vehicule in May, 2009; [ 8 ] WHEREAS the vehicule ceased to operate normally, only days later; [ 9 ] WHEREAS defendants had an obligation of result; [ 10 ] GIVEN ss. 168, 170, 171, 173, 176 and 178 of the Consumer Protection Act (R.S.Q.,

chapter P-40.1), which defendants did not abide by; [ 11 ] GIVEN s. 272 of the Act ; [ 12 ] WHEREAS plaintiff is entitled to the reimbursement of the monies paid to defendants for the shoddy repairs, namely $2,100.00, as well as $275.00 for the parts which he purchased for those repairs, plus a further amount of $125.00 as exemplary damages; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application in part; SENTENCES defendants solidarily to pay plaintiff the sum of $2,500.00, plus interest at the annual legal rate of 5% and the additional indemnity provided for by s. 1619 C.C.Q. as of November 2, 2009, the whole with costs in the amount of $127.00.

__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: May 14, 2012