2011 QCCQ 7021, 2011 QCCQ 7021
Opinion
9018-8038 Québec inc. c. Napoli Printing Inc. 2011 QCCQ 7021 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-114081-088 DATE: May 18, 2011 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ 9018-8038 QUEBEC INC., 10210 Paris Street, Montreal North (Quebec) H1H 4J9 Plaintiff v.
NAPOLI PRINTING INC., 8014, 16 th Avenue, Montreal (Quebec) H1Z 3P5 and DOMENIC ALFONZETTI, […], Laval (Quebec) […] and ANGELO DI CINO, […], Montreal North (Quebec) […] and MARIANO DI CINO, […], Montreal (Quebec) […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS a contract for renovation services intervened between plaintiff and defendants; [ 3 ] WHEREAS plaintiff abandoned the site and the project, without finishing its work and remedying the deficiencies; [ 4 ] WHEREAS defendants were obliged to have plaintiff's work corrected by a third party (exhibit D-3); [ 5 ] WHEREAS plaintiff failed to act in accordance with arts. 2100 and following of the Civil Code of Quebec ; [ 6 ] WHEREAS plaintiff was bound to produce results, but failed to act in the best interests of defendants, with prudence and diligence, in accordance with usual practice and the rules of art; [ 7 ] WHEREAS plaintiff further failed to ensure that the work done was in conformity with the contract; [ 8 ] WHEREAS plaintiff's negligence delayed defendants' project and caused them to incur costs to rectify the situation; [ 9 ] WHEREAS plaintiff did not fulfill its contractual obligations towards defendants; [ 10 ] WHEREAS defendants acquitted plaintiff's first two invoices (exhibit P-1 en liasse ), but are under no obligation to acquit the third (exhibit P-2), under the circumstances; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's action, with costs.
__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: May 2, 2011
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