2016 QCCQ 6251, 2016 QCCQ 6251
Opinion
Jones c. Vadnais 2016 QCCQ 6251 COURT OF QUÉBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF BEDFORD TOWN OF GRANBY «Civil Division» No: 460-32-007857-161 DATE: June 28, 2016 ______________________________________________________________________ BY THE HONOURABLE PIERRE BACHAND, J.C.Q. ______________________________________________________________________ EVAN WILLIAM JONES Plaintiff v.
PAUL VADNAIS -and- CHARLES-EDOUARD VADNAIS Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims 11, 500.00$ for unreturned or damaged equipment lent to the Defendants. [ 2 ] The parties met in 2011, when the Defendants bought some hay from the Plaintiff. In 2014, they asked him to borrow some of his hay equipment. Apparently, they had farms but no equipment.
He accepted to lend them some equipment. [ 3 ] The agreement was that the equipment was lent at no charge but they had to bring it back when Plaintiff needed it and that they had to repair anything that they broke. [ 4 ] This was for a short period of 2 to 3 months. Everything went wrong when he called them to bring back the trailers. They never did. [ 5 ] Plaintiff had to go to their place and hook his damaged trailers. The defendants acknowledged that they had caused damages to the trailers for an amount of 3 000,00$ and agreed to indemnify the Plaintiff.
They gave him a 3 000,00$ check but thereafter put a stop payment on the check. They never paid him. [ 6 ] He succeeded to recover some equipment while some was never found nor recovered. Here are the details and the damages awarded by the Court: - 2 trailers: returned, one damaged badly 3 000.00$ - New Idea mower: damaged 2 189.12$ - New Holland baler and thrower: not returned 3 000.00$ - Deuz Fahr tedder: damaged 1 644.95$ - John Deere rake: not returned 1 000.00$ - TOTAL: 10 834.07$
[ 7 ] This is the amount owed by the Defendants. FOR THESE REASONS, THE COURT: [ 8 ] CONDEMNS solidarily the Defendants to pay to the Plaintiff an amount of 10 834,07$ with interest at the legal rate and the additional indemnity provided for in
article 1619 of the Civil code of Québec , calculated from the date of service of the application. [ 9 ] THE WHOLE with judicial costs of $200.00$. __________________________________ Pierre Bachand, J.C.Q. Date of hearing: May 24 th , 2016
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