2019 QCCQ 3152, 2019 QCCQ 3152

Produits RLC inc. c. Brock Heavy Equipment Manufacturing Limited 2019 QCCQ 3152 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF QUEBEC TOWN OF QUEBEC No: 200-22-085121-192 DATE: April 18, 2019 ______________________________________________________________________ BY THE HONOURABLE FRANÇOIS LEBEL, J.C.Q. ______________________________________________________________________ PRODUITS RLC INC. Plaintiff v.

BROCK HEAVY EQUIPMENT MANUFACTURING LIMITED Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized by Plaintiff’s inscription for judgment by default against Defendant. [ 2 ] WHEREAS the Plaintiff paid the Defendant the amount of $18,000 as a deposit for the construction and delivery of heavy duty construction sludge boxes ( “the Boxes” ) as per an agreement signed on September 19, 2018; [ 3 ] WHEREAS the Defendant failed to provide the Boxes and never remitted the deposit; [ 4 ] Whereas the Plaintiff incurred cost of $25,994.09 as a direct result of the Defendant not building and delivering the said Boxes; [ 5 ] WHEREAS Plaintiff also claim damages for troubles and inconveniences in an aggregate amount of $5,000 arising out of the breach of the agreement; [ 6 ] WHEREAS the Originating Application was served to the Defendant on February 4 th , 2019 and no representation statement was filed; [ 7 ] SEEING the exhibits and the inscription for judgment in default of appearance; [ 8 ] SEEING the sworn statement signed by Mr.

Ghislain Hamel; [ 9 ] CONSIDERING the Plaintiff has proved that the Originating Application was well founded in fact and in law for the amount of $20,994.09; [ 10 ] CONSIDERING that the available evidence regarding the claim for troubles and inconveniences establishes a certain level of said damages but the Court is of the opinion that they have not been established at the amount of $5,000; FOR THESE REASONS, THE COURT: MAINTAINS the present Originating Application; DECLARES the Agreement resolved; ORDERS the Defendant to pay to the Plaintiff the sum of $18,000 representing the deposit for the products that were never delivered, with interest at the legal rate and the additional indemnity provided by law, to accrue from September 19, 2018; ORDERS the Defendant to pay to the Plaintiff the sum of $5,494.09, with interest at the legal rate and the additional indemnity provided by law, to accrue from December 21, 2018; The whole with legal costs.

__________________________________ FRANÇOIS LEBEL, J.C.Q. Me Frédérique Lessard Stein Monast, s.e.n.c.r.l. (casier 14) Plaintiff’s attorney Date of hearing: April 4 th , 2019