2023 QCCQ 5408, 2023 QCCQ 5408

Taylor c. Verderber 2023 QCCQ 5408 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS N°: 760-32-702710-239 DATE : August 10, 2023 ______________________________________________________________________ BY: M tre VASIL PETRISHKI, Special Clerk ______________________________________________________________________ ALYSSA TAYLOR PLAINTIFF vs.

ANDREW VERDERBER DEFENDANT ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] THE COURT , after reviewing the proceedings and the proof, renders the present Judgment. [ 2 ] WHEREAS Plaintiff seeks a Judgment against Defendant for a sum of $1,271.98: both parties were condemned solidarily to pay a total amount of $3, 433.03 and Plaintiff had to pay the Defendant’s share of the obligation; [ 3 ] CONSIDERING that the Application was served upon Defendant on February 22, 2023; [ 4 ] CONSIDERING the default of Defendant to answer the Application within 20 days after the notification [1] ; [ 5 ] CONSIDERING the above default of the Defendants and the necessity for the Court to hear the Applicant’s evidence as provided in art. 552 in fine of the Code of Civil Procedure of Quebec ; [ 6 ] CONSIDERING that the hearing was held on August 10, 2023; [ 7 ] CONSIDERING the Application, the statement deemed to be an affidavit (art. 544 (1) of the Code of Civil Procedure ) and exhibits P-1 and P-2 and the testimony of Ms.

Alyssa Taylor; [ 8 ] CONSIDERING Articles 1536 and 1537 of the Civil code of Quebec ; [ 9 ] CONSIDERING the legal principles applicable: in contractual matters, the debtor is liable only for damages that were foreseen or foreseeable at the time the obligation was contracted; in case of intention or gross fault of the debtor, the damages may include only what is an immediate and direct consequence of the non-performance [2] ; [ 10 ] CONSIDERING that Applicant has proven her action against Defendant pursuant to Articles 2803 and 2804 of the Civil Code of Quebec for the amount of $1,271.98. [ 11 ] CONSIDERING that Plaintiff is entitled to interest at the legal or conventional rate from the date of default [3] ; [ 12 ] CONSIDERING that a creditor must put his debtor in default in writing to perform the obligation within a reasonable time after the demand except when the debtor is in default by the terms of the contract itself as stipulated in

Article 1594 of the Civil Code of Quebec or by the sole operation of the law as stipulated in

Article 1597 of the Civil Code of Quebec ; [ 13 ] CONSIDERING that Plaintiff is entitled to interest at the legal rate from the date of default, being February 22, 2023 [4] ; [ 14 ] CONSIDERING that the additional indemnity contemplated by

Article 1619 of the Civil Code of Quebec should be awarded. FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the Application; [ 16 ] CONDEMNS Defendant to pay to Plaintiff the amount of $1,271.98 with interest at the legal rate and the additional

indemnity contemplated by

Article 1619 of the Civil Code of Quebec as of February, 22, 2023, being the date of default; [ 17 ] CONDEMNS Defendant to pay to Applicant the legal costs of $112.00. __________________________________ M tre Vasil Petrishki, Special clerk Ms. Alyssa Taylor, [...], Vaudreuil-Dorion, Québec, [...] Plaintiff Mr. Andrew Verderber, [...], Montréal, Québec, [...] Defendant Hearing date: August 10, 2023