2014 QCCQ 7279, 2014 QCCQ 7279

144896 Canada inc. (Abbey Roofing) c. Michalakopoulos 2014 QCCQ 7279 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-131885-123 DATE: July 8, 2014 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ 144896 CANADA INC. doing business under the name of ABBEY ROOFING Plaintiff v.

THEODOROS MICHALAKOPOULOS -and- PENNY ALEXANDRES Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Further to a contract of roofing between Plaintiff, Abbey Roofing and Defendants, Plaintiff claims payment of $1,600. Defendants deny the claim and make a Cross-Demand for $3,000 for inconvenience. [ 2 ] On November 25, 2010, the parties signed a roofing contract [1] to reshingle the roof of the Defendant’s house. The total cost of the contract was $10,800 plus taxes.

The work was performed in the Spring of 2011. Defendants paid progressively the amount owing under the contract, leaving a balance due of $1,600. At the completion of the work, Defendant Mr. Michalakopoulos asked for a period to examine the work before making final payment. [ 3 ] Several months went by and the outstanding balance was not paid. The file was then transferred to the owner of Plaintiff Mr. Hajj. Mr. Hajj went to the house of Defendants and Mr. Michalakopoulos gave him a post-dated cheque [2] for the outstanding amount. Mr. Michalakopoulos said to Mr.

Hajj that he needed some time to pay and that is why the cheque was post-dated at that time. However, when the cheque was presented for payment, the cheque was refused by the bank for reason of insufficient funds in Defendants’ bank account. [ 4 ] Plaintiff’s attorney sent a demand letter to Defendants [3] . Defendants gave no reply. On January 19, 2012, the present legal proceedings were instituted. On March 12, 2012, Defendants contested the action. The contestation does not give specific grounds to deny liability but is only general in its terms. [ 5 ] At the trial, Mr.

Michalakopoulos gave no credible reason why the motion should not be granted. He stated that he discovered a soffit problem after he gave the post-dated cheque. This apparently occurred when Defendants sold the house with the new roof and was discovered by the purchaser’s inspector. But there is no reference in the contract to any soffit work and Plaintiff’s representative states that Abbey Roofing does not do soffit work. [ 6 ] Defendant states that he never received the guarantee certificate for the roof.

Defendant states that it is only given after payment is made in full. [ 7 ] It is to be noted that Plaintiffs did not mention either the soffit nor the guarantee issues in their defence, nor did they ever send a written document, letter or e-mail complaining in any way about these or any other issues of quality. The Court is of the view that the

grounds of defence raised at the trial are bad faith pretexts of Defendants simply because the Defendants are trying to avoid their payment obligations for work performed in accordance with the contract, Exhibit P-1. [ 8 ] The Cross-Demand of Defendants for trouble and inconvenience is without merit. [ 9 ] Plaintiff agrees that upon payment, it will remit to Defendants all documents attesting to the roof guarantee of work. FOR THESE REASONS, THE COURT: GRANTS Plaintiff’s motion; CONDEMNS Theodoros Michalakopoulos and Penny Alexandres to pay 144896 Canada inc. (“Abbey Roofing”) the amount of $1,600, plus legal interest of 5% plus the additional special indemnity provided at

Article 1619 of the Civil Code of Quebec from the Demand Letter dated October 19, 2011; TAKES ACT of Plaintiff’s declaration that it will remit to Defendants all documents attesting to the roof guarantee upon payment of the amounts owed under this judgment and ORDERS Plaintiff to conform to such undertaking; WITH JUDICIAL COSTS of $152 in favour of Plaintiff. __________________________________ Jeffrey Edwards, J.C.Q. Date of hearing: July 4, 2014