Entreprises I. Lipman ltée c. Leutner 2015 QCCQ 631 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-135927-129 DATE: February 3, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ LES ENTREPRISES I. LIPMAN LTÉE 4240 Côte-de-Liesse Road Mont-Royal, Qc H4N 2P7 Plaintiff/Cross-defendant v. CORINE LEUTNER and MILES A.

LEUTNER […] Westmount, Qc […] Defendants/Cross-plaintiffs ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS a contract of sale intervened between the parties; [ 3 ] WHEREAS plaintiff contends that the two area rugs which it sold and delivered to defendants, were as per their specifications; [ 4 ] WHEREAS defendants contend that said area rugs were, in fact, the wrong color; [ 5 ] GIVEN designer Judi Fried's credible testimony; [ 6 ] WHEREAS Fried corroborated defendant Corine Leutner's version of the facts; [ 7 ] WHEREAS Corine chose the rugs and the color in consultation with Fried; [ 8 ] WHEREAS Fried emphatically declared that the rugs were not the right color; [ 9 ] WHEREAS , according to Fried, the rugs in question were "so much darker" and "not a creamy beige"; [ 10 ] WHEREAS the rugs delivered were not those chosen by Corine, and did not match the sample upon which the order was made; [ 11 ] WHEREAS Fried is an experienced designer and an expert in the area of color; [ 12 ] WHEREAS her testimony gives credence to defendants' position; [ 13 ] GIVEN sections 40 and following of the Consumer Protection Act (R.S.Q., c.

P -40.1), as well as sections 219 , 228 and 272

thereof; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application; GRANTS the cross -demand; CONDEMNS plaintiff to pay defendants the sum of $1,694.60 plus legal interest and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec and legal fees in the amount of $217.75. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: January 9, 2015