2015 QCCQ 634, 2015 QCCQ 634

Bethancourt c. 9130-1945 Québec inc. (Auto Clinique) 2015 QCCQ 634 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-140230-139 DATE: January 21, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ JULL BETHANCOURT […] Bois-des-Filion, Qc […] Plaintiff v. 9130-1945 QUEBEC INC. operating under the firm and style name of "AUTO CLINIQUE" 10048, de London Avenue Montréal-Nord, Qc H1H 4H1 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS plaintiff's motion for revocation of judgment was granted; [ 3 ] WHEREAS plaintiff hired defendant to fix his car; [ 4 ] WHEREAS defendant had an obligation of result; [ 5 ] WHEREAS , according to the preponderance of evidence, defendant did not provide services in plaintiff's best interest in accordance with usual practice and the rules of art ( art. 2100 Civil Code of Quebec ; arts. 37 and 38 of the Consumer Protection Act ); [1] [ 6 ] WHEREAS plaintiff's car never worked properly after the repairs; [ 7 ] WHEREAS plaintiff returned to the garage to advise defendant accordingly, but defendant failed to solve the problem; [ 8 ] WHEREAS plaintiff was obliged to have the car repaired elsewhere (exhibits P-3 and P-4);

[ 9 ] WHEREAS defendant also failed to provide plaintiff with a written estimate, as required by arts. 168 ff of the Act ; [ 10 ] WHEREAS exhibit D-1 does not constitute a valid estimate (art. 170 of the Act ); [ 11 ] WHEREAS , furthermore, the repairs partially described therein, were not carried out; [ 12 ] WHEREAS defendant failed to abide by the provisions of the Act , which is a law of public order; [ 13 ] WHEREAS defendant failed to advise plaintiff appropriately and with competence, as evidenced by the work later required and carried out by a third party; [ 14 ] GIVEN art. 272 of the Act and the damages incurred by plaintiff as a direct result of defendant's omissions, said damages to include the price of defendant's services, as well as trouble and inconvenience and punitive damages; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's amended motion in part; SENTENCES defendant to pay plaintiff the sum of $700.00, plus interest at the legal annual rate of 5% and the additional indemnity provided in

article 1619 of the Civil Code of Quebec , as of September 4, 2013, plus the judicial fees in the amount of $105.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: January 5, 2015