Micheletti c. Click-Air Climatisation inc. 2016 QCCQ 4813 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-145310-142 DATE: May 17, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ CATERINA MICHELETTI Plaintiff v. CLICK-AIR CLIMATISATION INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence (testimony of plaintiff, Sylvain Langevin, Claude Marano and Edlira Dushaj, as well as exhibits P-1 to P- 9 and D-1 to D-4); [ 2 ] WHEREAS a sales and services contract intervened between the parties (exhibit P-9); [ 3 ] WHEREAS defendant sold and installed two wall-mounted air conditioning units and a heat pump to plaintiff, for which she paid $6,553.58; [ 4 ] WHEREAS , according to the preponderance of evidence, defendant did not properly install said units (expertise, exhibit P-7); [ 5 ] WHEREAS plaintiff incurred damages on two occasions (May 2014 and August 2015), as a direct result of defendant's faulty installation; [ 6 ] WHEREAS the damages consist of the costs incurred to repair the damages caused to plaintiff's property by defendant ($1,460.76 for material and time, exhibits P-1, P-2, P-6 and P-8) and $500.00 for the deductible paid to her insurer (exhibit P-5); [ 7 ] WHEREAS defendant had an obligation of result, which it did not fulfill; [ 8 ] GIVEN

article 2100 of the Civil Code of Quebec ; [ 9 ] GIVEN articles 16, 37, 38, 40, 41, 42, 228 and 272 of the Consumer Protection Act (RLRQ, c. P-40.1); [ 10 ] GIVEN defendant's admissions; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application as amended in part;

CONDEMNS defendant to pay plaintiff the sum of $1,960.76, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of August 21, 2015, with judicial costs of $106.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: April 12, 2016