2015 QCCQ 908, 2015 QCCQ 908

Davies c. Gardner 2015 QCCQ 908 COURT OF QUÉBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF BEDFORD LOCALITY OF COWANSVILLE «Civil Division» No: 455-32-004568-142 DATE: February 17, 2015 ______________________________________________________________________ BY THE HONOURABLE PIERRE BACHAND, J.C.Q. ______________________________________________________________________ CARRIE DAVIES Plaintiff v.

MALCOLM GARDNER Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff is claiming an amount of 446.67$ after buying an IPad Mini from the defendant. [ 2 ] Plaintiff bought an IPad Mini from the defendant for 240.00$. He told her that he was the first owner and that she could easily change the password in order to use the IPad. Such was not the case. [ 3 ] She never could use the IPad because it had to be reset and the defendant did not provide the proper password.

One may think of a number of reasons for this but at least, something is sure; he was not the first and only owner of the IPad, as he had mentioned. [ 4 ] Plaintiff tried tremendously to have this fixed and she even provided the telephone number of Apple to the defendant. The latter never did anything to correct this matter. For all the inconveniences, lost time and a day off work, the Court sets at 400.00$ the amount due to the plaintiff as indemnity.

FOR THESE REASONS, THE COURT: [ 5 ] CONDEMNS the defendant to pay to plaintiff an amount of 400.00$ with interests at the legal rate plus the additional indemnity provided for by

article 1619 of the Civil Code of Québec , as of June 10, 2014. [ 6 ] THE WHOLE with the judicial fees of 74.25$. __________________________________ Pierre Bachand, J.C.Q. Date of hearing: February 4, 2014