2012 QCCQ 101, 2012 QCCQ 101

Henry c. Jimenez (Su Nettoyeur) 2012 QCCQ 101 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-124763-105 DATE: January 9, 2012 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ ERROLL HENRY Plaintiff v.

SUSANA JIMENEZ , doing business under the name of Su Nettoyeur Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff brought eleven shirts to the cleaner owned by the Defendant who operates under the name of Su Nettoyeur. Plaintiff states that six shirts were damaged. He asks for the cost of replacing the shirts plus other damages, for a total of $296.92. [ 2 ] The Plaintiff brought to Court the six damaged shirts. One was ripped at the elbow and the five others had shrunk.

He is categoric, one shirt was bought in 2009 and the five others in 2010. [ 3 ] The Defendant admits that she did not look at the shirts when they were left by the Plaintiff. She adds that if one of the shirts had been torn at the elbow, she would have refused it.

This testimony does not contradict Plaintiff's assertion, on the contrary. [ 4 ] At the hearing, the Plaintiff tried on one of the shirts and it was evident that it was too small for him. [ 5 ] As for the Plaintiff's claim, it consists of the reimbursement of the cost of the cleaning, $18.98, exhibit P-1 and the cost of the demand letter dated July 22 nd , 2010, exhibit P-4 , $9.95, which the Court will grant. [ 6 ] Plaintiff also claims $160.23, representing the cost of six new shirts.

As three of the shirts were frayed at the collar and cuffs and the three others were not new, the Court will only grant half of this claim, namely $80. [ 7 ] The Court will not grant any damages for loss of time or for the parking to attend at the hearing.

FOR THESE REASONS, THE COURT: GRANTS in part Plaintiff's action; CONDEMNS the Defendant to pay the Plaintiff the sum of $108.93, plus the interest at the legal rate and the additional indemnity provided at the 1619 of the Civil Code of Quebec , as of July 22 nd , 2010, with costs in the amount of $70 representing the judicial stamp of the application. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: November 21, 2011