2015 QCCQ 5417, 2015 QCCQ 5417

El-Din Mohamed c. 9149-4690 Quebec inc. 2015 QCCQ 5417 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-138036-134 DATE: June 1, 2015 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ HUSSAM EL-DIN MOHAMED Plaintiff v. 9149-4690 QUEBEC INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff Hussam El-Din Mohamed alleges that he paid various amounts to Defendant 9149-4690 Quebec Inc. in order to effect repairs to his car. In particular, the repair was to fix the rear right air suspension. [ 2 ] According to Mr.

Hussam El-Din Mohamed’s testimony, he paid $118 (Exhibit P-3), $500 cash for labour and he remitted to Defendant the air spring part purchased for $625.03 for installation. [ 3 ] According to the proof, it is clear that the work undertaken failed immediately, namely the next day. [ 4 ] Defendant refused any responsibility and Mr. Hussam El-Din Mohamed was forced to go to another garage mechanic to have the proper work done. The cost to do so was $1,994.82. The air spring part was damaged by the work of Defendant and is now without value. [ 5 ] Defendant, through its representative Mr.

Elhamy Nessim, denies having done the repair work in issue. [ 6 ] Mr. Hussam El-Din Mohamed also requests $500 for him and $2,000 for his wife and son as a result of the stress and risk of exposure to danger caused by the improper work of Defendant. [ 7 ] CONSIDERING

Article 2100 of the Civil Code of Quebec (C.C.Q.) and that Defendant had an obligation of result to ensure that the work done resolved the problem for which Mr. Hussam El-Din Mohamed brought the car in for repair; [ 8 ] CONSIDERING the statutory guarantee for automobile repairs prescribed at

Article 176 of the Consumer Protection Act [1] which reads as follows: “Repairs are guaranteed for three months or 5 000 kilometres, whichever occurs first. The guarantee takes effect upon the delivery of the

automobile.” [ 9 ] CONSIDERING that Defendant failed to honour the guarantee prescribed at

Article 176 of the Consumer Protection Act ; [ 10 ] CONSIDERING

Article 2803 C.C.Q. which reads as follows: “A person seeking to assert a right shall prove the facts on which his claim is based.” [ 11 ] CONSIDERING

Article 2804 C.C.Q. which reads as follows: “Evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof.” [ 12 ] CONSIDERING that the preponderance of the proof favours Plaintiff Hussam El-Din Mohamed, whose version of the facts is more credible and consistent with the documentary proof filed into the Court Record. Defendant’s representative’s version of the facts contradicts the documents filed in the Court Record; [ 13 ] The Court concludes that Mr.

Hussam El-Din Mohamed’s claim is well founded with respect to the amounts of $108, $500 and the $625.03 (cost of the air spring). FOR THESE REASONS, THE COURT: CONDEMNS Defendant 9149-4690 Quebec Inc. to pay Plaintiff Hussam El-Din Mohamed the amount of $1,298.72, with legal interest of 5% per year, plus the additional indemnity provided at

Article 1619 of the Civil Code of Quebec , starting from the date of the demand letter of May 2, 2013; WITH JUDICIAL COSTS of $136 in favour of Plaintiff Hussam El-Din Mohamed. __________________________________ Jeffrey Edwards, J.C.Q. Date of hearing: June 1, 2015