2018 QCCQ 2142, 2018 QCCQ 2142
Opinion
Telepro inc. c. Lynx Mobility 2018 QCCQ 2142 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF LAVAL TOWN OF LAVAL Civil Division No: 540-32-700821-174 DATE: February 23, 2018 ______________________________________________________________________ BY THE HONOURABLE BENOIT SABOURIN, J.Q.C. ______________________________________________________________________ TELEPRO INC. Plaintiff v.
LYNX MOBILITY Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Considering the absence of Defendant who is in default to contest the demand; [ 2 ] Considering the testimonial and documentation proof presented by the Plaintiff; [ 3 ] Considering the
article 1613 of the Civil Code of Quebec which stipulates the following : « 1613 . In contractual matters, the debtor is liable only for damages that were foreseen or foreseeable at the time the obligation was contracted, where the failure to perform the obligation does not proceed from intentional or gross fault on his part; even then, the damages include only what is an immediate and direct consequence of the nonperformance. » [ 4 ] Considering the Court is convince that Plaintiff proved partially the points mentioned in his action; FOR THESE REASONS, THE COURT: GRANTS Plaintiff's action partially.
CONDEMNS Defendant to pay Plaintiff the amount of $7,069.81 with interests at the rate of 5% per year and the additional indemnity provided for by
article 1619 of the Civil Code of Quebec , starting September 12, 2017, date of the letter of demand, with legal costs in the amount of $250.00. __________________________________ BENOIT SABOURIN, J.Q.C. Date of hearing: February 23, 2018
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