2023 QCCQ 4092, 2023 QCCQ 4092

Ledoux c. Bissonnette 2023 QCCQ 4092 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS N°: 760-32-702595-226 DATE : May 10, 2023 ______________________________________________________________________ BY: M tre VASIL PETRISHKI, Special clerk ______________________________________________________________________ EVE-LYNN LEDOUX APPLICANT vs.

JESSICA BISSONNETTE DEFENDANT ______________________________________________________________________ JUDGEMENT ______________________________________________________________________ [ 1 ] THE COURT , after reviewing the proceedings and the proof, renders the present Judgment. [ 2 ] WHEREAS Applicant seeks a Judgment against Defendant for a sum of $3,000.00 : the amount of $1,900.00 representing the capital owed as per a contract similar to a loan of money agreement and $1,100.00 in damages “for the trouble and inconvenience suffered”; [ 3 ] CONSIDERING that the Application was served upon Defendant on December 12, 2022; [ 4 ] CONSIDERING the default of Defendant to answer the Application within 20 days after the notification [1] ; [ 5 ] CONSIDERING the above default of the Defendant and the necessity for the Court to hear the Applicant’s evidence as provided in art. 552 in fine of the Code of Civil Procedure of Quebec ; [ 6 ] CONSIDERING that the hearing was scheduled on October 13, 2022; [ 7 ] CONSIDERING the Application, the statement deemed to be an affidavit (art. 544 (1) of the Code of Civil Procedure ) and exhibits P-1 to P-3 and the testimony of Ms.

Eve-Lynn Ledoux; [ 8 ] CONSIDERING articles 1458, 1590, 1613, 2314, 2315, 2327 and following of the Civil Code of Quebec ; [ 9 ] CONSIDERING the legal principles applicable: in contractual matters, the debtor is liable only for damages that were foreseen or foreseeable at the time the obligation was contracted; in case of intention or gross fault of the debtor, the damages may include only what is an immediate and direct consequence of the non-performance [2] ; [ 10 ] CONSIDERING that the damages for the delay to pay a certain amount of money are generally compensated by the interest calculated on the capital: Développement Tanaka inc. c.

Commission scolaire de Montréal 2007 QCCA 1122 ; [ 11 ] CONSIDERING that the stress and inconvenience suffered by Applicant do not meet the required threshold of the existence of "compensable" damages which “ must be serious and prolonged and rise above the ordinary annoyances, anxieties and fears that people living in society routinely, if sometimes reluctantly, accept. [3] “ [ 12 ] CONSIDERING that

article 2330 of the Civil Code of Quebec is not of public order and the parties may chose to derogate from this

article ; [ 13 ] CONSIDERING that the Applicant has proven its action against the Defendant pursuant to Articles 2803 and 2804 of the

Civil Code of Quebec for the amount of $2,000.00; [ 14 ] CONSIDERING that the Plaintiff is entitled to interest at the legal rate from the date of default [4] ; [ 15 ] CONSIDERING that a creditor must put his debtor in default in writing to perform the obligation within a reasonable time after the demand except when the debtor is in default by the terms of the contract itself as stipulated in

Article 1594 of the Civil Code of Quebec or by the sole operation of the law as stipulated in

Article 1597 of the Civil Code of Quebec . [ 16 ] CONSIDERING that the Plaintiff is entitled to interest at the legal rate from the date of default being October 10 th , 2022 considering the formal notice, Exhibit P-1; [ 17 ] CONSIDERING that the additional indemnity contemplated by

Article 1619 of the Civil Code of Quebec should be awarded; FOR THESE REASONS, THE COURT: [ 18 ] GRANTS in part Applicant’s Application; [ 19 ] CONDEMNS Defendant to pay to Applicant the sum of $2,000 with interest at the legal rate of 5.00% and the additional indemnity provided for in

Article 1619 of the Civil Code of Quebec as of October 10 th , 2022, being the date of default; [ 20 ] CONDEMNS Defendant to pay to Applicant the legal costs of $108.00. __________________________________ M tre Vasil Petrishki, Special clerk Ms. Eve-Lynn Ledoux, [address 1], Huntingdon, Québec, [...] Applicant Ms. Jessica Bissonnette, [address 2], Salaberry-de-Valleyfield, Québec, Defendant Hearing date : April 19, 2023