Clermont c. Gurgos 2012 QCCQ 6087 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-119942-094 DATE: May 29, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ PAULETTE CLERMONT Plaintiff v.

EVAN GURGOS and L&B MOVING AND STORAGE Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Defendant Burgos was not present at trial, despite having been duly summoned and called. [ 2 ] Burgos does business under various names. [ 3 ] A moving and storage contract intervened between the parties in August, 2009 (exhibit P-1). [ 4 ] Defendant was negligent in the handling and storage of plaintiff's property, thereby damaging same (pictures exhibit P-3 and credible testimony of plaintiff and Stéphanie Carrière). [ 5 ] Taking depreciation into account, the Court hereby establishes the value of the sofa and love seat at $2,000.00. [ 6 ] As for the mirrors and the tea table, the Court grants plaintiff $300.00, given that plaintiff did not produce invoices or an expert's report regarding value and the possibility of repair. [ 7 ] The Court further grants plaintiff $200.00, for trouble and inconvenience and exemplary damages. [ 8 ] GIVEN ss. 40 and 272 of the Consumer Protection Act (R.S.Q., c.

P-40.1), as well as s. 2100 of the Civil Code of Quebec ; [ 9 ] WHEREAS defendant did not fulfill his contractual and legal obligations towards plaintiff; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application in part; SENTENCES d efendant to pay plaintiff $2,500.00, plus legal interest and the additional indemnity pursuant to s. 1619 C.C.Q., as of October 13, 2009, plus judicial fees in the amount of $127.00; __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: May 14, 2012