2019 QCCQ 3906, 2019 QCCQ 3906

Auto Tech Goldstar Inc. c. Grand Prix Import Inc. 2019 QCCQ 3906 COURT OF QUEBEC “ Small Claims Division “ CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL “ Civil Division “ No: 500-32-157425-176 DATE: July 4, 2019 ______________________________________________________________________ BY THE HONOURABLE VINCENZO PIAZZA, J.C.Q. ______________________________________________________________________ AUTO TECH GOLDSTAR INC. Plaintiff v. GRAND PRIX IMPORT INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Auto Tech Goldstar Inc. (“Goldstar”) first seeks the revocation of a judgment rendered by default on December 18, 2018, dismissing its claim against Grand Prix Import Inc. (“Grand Prix”). This motion in revocation is not contested.

In light of the reasons explaining the absence of Goldstar’s representative at the hearing by default, it shall be granted. [ 2 ] On the merits, Goldstar claims the reimbursement of the price it paid for equipment that it purchased from Grand Prix for the operation of a garage. [ 3 ] On February 13, 2017, Goldstar purchased machinery from Grand Prix for a total price of $14,456.96.

On June 11, 2017, two pieces of equipment, for which Goldstar had paid $5,400.00 before taxes, were returned to Grand Prix. [ 4 ] Although these machines had then been used for four months, Grand Prix accepted to take them back and to refund $4,514.40, plus taxes, to Goldstar. This refund took the form of a cheque in the amount of $3,909.15, the balance of $1,281.28 consisting in a credit against future purchases.

This credit remains available to Goldstar, but since it has ceased to operate its garage, it has not used it yet. [ 5 ] On March 20, 2017, Goldstar purchased a 30-ton hydraulic press from Grand Prix, for which it paid $500.00 before taxes. In June, Grand Prix refused to take it back and to refund Goldstar. Grand Prix took the same position as regards a set of cones that Goldstar had purchased in February, for a price of $195.00, before taxes. [ 6 ] Goldstar avers that these items were defective. Grand Prix denies that they were.

It argues that if it had been the case, Goldstar would not have waited four months to complain about it.

Its representative testifies that the items in question were in perfect working order, but that Goldstar’s representative had difficulty in operating the machines. [ 7 ] Grand Prix also points to the terms and conditions of its sales, clearly printed on all its invoices, which provide, inter alia, that no returns can be made without its written consent and that all claims must be made within 24 hours following receipt of the goods by the client. [ 8 ] Goldstar has not demonstrated on a balance of probabilities, that the hydraulic press and the set of cones were defective, nor has it demonstrated that it had the right, in contract, to be refunded, several months later, the full price of the equipment that it purchased from Grand Prix.

FOR THESE REASONS, THE COURT: REVOKES the judgment by default rendered on December 18, 2018; DISMISSES the action, with judicial costs against Auto Tech Goldstar Inc. in the amount of $151.00, in favour of Grand Prix Import Inc. __________________________________ VINCENZO PIAZZA, J.C.Q. Date of hearing: May 28, 2019