2018 QCCQ 3428, 2018 QCCQ 3428

South c. Enrique 2018 QCCQ 3428 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-700222-161 DATE: May 14, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ RAYMOND G. SOUTH Plaintiff v.

JAMES ENRIQUE and JENNY DA COSTA Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence (testimony of Raymond G.

South, Hasna Albatoul Lamane, Rosette Sasouni, James Enrique, Jenny Da Costa, as well as exhibits P-1 to P-7 and D -1 to D-8); [ 2 ] WHEREAS 3 sales and services contracts intervened between the parties, for, inter alia , the installation of electronic menu boards in plaintiff’s restaurant, training for the operation thereof and the production of packaging materials (contracts, exhibit P-1 en liasse ); [ 3 ] WHEREAS , with regards to defendant Enrique, he presented himself to plaintiff as being the authorized representative of “RJD Communications”; [ 4 ] WHEREAS , in fact, the documentary evidence (emails, email address and invoice D-5) shows that Enrique operated under the name of RJD Communications; [ 5 ] WHEREAS plaintiff had every reason to believe that he was indeed dealing directly with Enrique; [ 6 ] WHEREAS defendant never produced the packaging and other materials, for which plaintiff remitted defendants a $2,110.00 deposit; [ 7 ] WHEREAS plaintiff is therefore entitled to the reimbursement of said deposit, in the amount of $2,110.00; [ 8 ] WHEREAS , furthermore, with regards to the services contract, the evidence shows that defendants only partially executed their obligations thereunder;

[ 9 ] WHEREAS defendants did not:

a) develop fully operational electronic menu boards, suited to plaintiff’s business;

b) did not supply the required training, as per the terms of the contract;

c) did not supply the operating manuals, as promised; [ 10 ] WHEREAS defendants had an obligation of result, which they did not fulfill; [ 11 ] WHEREAS defendants did not act in accordance with art. 2100 of the Civil Code of Quebec ; [ 12 ] WHEREAS defendants’ failure to respect the services contract, rendered the installation inefficient and ultimately useless (plaintiff, in fact, had to replace the installation with a blackboard and chalk); [ 13 ] WHEREAS plaintiff suffered trouble and inconvenience as a direct result of defendants’ omissions; [ 14 ] WHEREAS , however, defendants were not given the opportunity to retrieve the “LED Display” equipment; [ 15 ] WHEREAS , in addition to the above deposit of $2,110.00, plaintiff paid defendant $5,442.92; [ 16 ] WHEREAS , in view of the foregoing, the Court estimates plaintiff’s damages at $5,950.00 ($3,840.00, plus the $2,110.00 deposit); [ 17 ] GIVEN , furthermore, the bailiff’s fees of $85.00 incurred by plaintiff; [ 18 ] GIVEN arts. 1375, 1458, 1591 and 2100 of the Civil Code of Quebec ; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's claim as amended, in part; SENTENCES defendants, jointly and severally, to pay plaintiff the sum of $6,035.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , from November 7, 2016 and legal costs in the amount of $185.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: April 17, 2018