2015 QCCQ 7117, 2015 QCCQ 7117

Pilette c. Econolodge Aeroport 2015 QCCQ 7117 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-143212-142 DATE: July 3, 2015 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ VINCENT PILETTE -and- AUDREY ROUSSEAU Plaintiffs v.

ECONOLODGE AEROPORT Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a motion for revocation of a judgment rendered by default on December 5, 2014 condemning Econolodge Aeroport to pay damages to Vincent Pilette and Audrey Rousseau further to their car being towed and sent to the pound. [ 2 ] Econolodge has proven that because of a problem in receiving its mail, it never received the court documents in this matter and therefore did not contest within the delays. [ 3 ] The Court is satisfied that Econolodge did not act negligently in its management of this matter and therefore will revoke the judgment initially rendered by default. [ 4 ] As for the merits of the claim, the facts are described in the following paragraphs: [ 5 ] On November 1 st , 2014, the plaintiffs spent the night at Econolodge prior to leaving for two weeks vacation.

Included in the price of the night at the hotel was free parking for the two week period. Econolodge is adjacent to the Dorval airport. [ 6 ] On arrival, Mr Pilette explains that he parked his car as best he could considering a recent large snowfall and that the parking lot was not entirely cleaned. [ 7 ] An employee at the reception desk confirmed to Mr Pilette that the car was parked in the correct

section of the parking lot. However, when the plaintiffs returned from vacation two weeks later, the car had disappeared. After numerous verifications with the towing companies identified on the notices in the parking lot as well as with the police, he did find his car at the pound. This caused numerous disbursements and inconvenience. Plaintiffs have proven that they had to disburse $860.84 in order to retrieve the car.

They also claim $500 for stress and inconvenience, as well as other disbursements. [ 8 ] Ms Artie Sood, a representative of Econolodge testifies that it is impossible to see the parking lot from the reception desk of her establishment. She therefore doubts Mr Pilette’s testimony. Although she knows who was acting as receptionist on the day of the events, she neglected to bring this person in to testify. [ 9 ] On the whole, the Court concludes that Mr Pilette’s testimony is preponderant and convincing. The Court had the benefit of seeing aerial photographs of the parking lot as well as different diagrams.

It is satisfied that it is possible to see the parking lot as indicated in Mr Pilette’s testimony. [ 10 ] In view of the above, the Court will grant the claim, in part. The cost of retrieving the car ($860.48) is granted. Also, the lost wages on the day the car was retrieved are also granted ($163.36). Stress and inconvenience suffered by the plaintiffs justifies $100 in damages. The claim for legal fees when plaintiffs consulted a lawyer, in absence of some sort of abuse on the part of Econolodge, cannot be granted.

FOR THESE REASONS, THE COURT : REVOKES the judgment rendered on December 5, 2014; AND ON THE MERITS : GRANTS the claim, in part; CONDEMNS Econolodge Aeroport to pay to plaintiffs the sum of $1,134.20, plus interest at the legal rate and the additional indemnity provided for in

article 1619 of the Civil Code of Québec as of the demand dated March 10, 2014; CONDEMNS Econolodge Aeroport to reimburse plaintiffs the cost of the judicial stamp in the amount of $82.75, as well as all disbursements incurred for the seizure that was executed on March 20, 2015. __________________________________ SCOTT HUGHES, J.C.Q. Date of hearing: June 1 st , 2015