2021 QCCQ 382, 2021 QCCQ 382

Iqbal c. 9366-5370 Québec inc. 2021 QCCQ 382 COURT OF QUEBEC «Small Claims Division»

CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL "Civil Division" No: 500-32-706572-189 DATE: January 27, 2021 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ NAEEM IQBAL Plaintiff v. 9366-5370 QUÉBEC INC. and MUZAFFAR MIAN Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the sum of $2,170 representing the cost of the repairs to the vehicle bought from the Defendant 9366-5370 Québec Inc. [ 2 ] The Defendant contests Plaintiff’s claim, qualifying it as outrageous.

The background [ 3 ] The Defendant advertised on Kijiji’s site a Volvo 2006 for $4,400. [ 4 ] After inspecting the vehicle, the Plaintiff found certain defects, namely the back wiper was missing, the sunroof did not open properly, a fog light was to be replaced, a portion of the front plastic bumper was missing and the passenger side door was dented.

The Defendant undertook to do all of these repairs as appears from the agreement signed by the parties [1] . [ 5 ] On the same day a Sales Contract was signed between the corporate Defendant and the Plaintiff by which the Plaintiff undertook to purchase the vehicle for $3,150 [2] . [ 6 ] The sale was concluded on February 25, 2018 and the vehicle was to be given to the Plaintiff on March 1, 2018. During this delay, the Defendant was to do the repairs. [ 7 ] Initially the Defendant provided a 90-day warranty.

However because of the number of repairs to be done, the warranty was reduced to 30 days. [ 8 ] On March 1, 2018, the vehicle was given back to the Plaintiff who by then had paid the full purchase price [3] . However, certain repairs had not been completed such as the sunroof had not been repaired, neither the back wiper replaced, nor the plastic bumper and the dent in the passenger door, as appears from the Demand Letter sent by the Plaintiff dated August 23, 2018 [4] .

In addition, the Defendant had undertaken to give 4 summer tires which were never delivered to the Plaintiff. [ 9 ] The Defendant does not contest that the repairs were not done, he simply argues that the attitude of the Plaintiff was unacceptable, that he kept harassing him for the repairs and his demands were constant. [ 10 ] In June 2018, the Plaintiff had no choice but to purchase 4 used summer tires at a cost of $240 [5] . On August 15, 2018 the Plaintiff also purchased from John Scotti Volvo the back wiper with the cover and blade at a cost of $122.41 [6] .

Although the Plaintiff claims the full amount of the invoice of $629.88, only the cost for the back wiper will be granted. [ 11 ] The Plaintiff also provides an estimate, dated March 1, 2018 from La Capitale Assurances générales. However the repairs do not correspond to the undertakings provided by the Defendant. [ 12 ] The Plaintiff also provides a second estimate from CX Carosserie John Scotti [7] for the other repairs, totaling $1,300.44. However, a review of this estimate shows that other repairs were included, repairs that the Defendant did not undertake to do.

The Court estimates that 8.9 hours at $70 an hour corresponds to the labour to complete the repairs the Defendant undertook to make, for a total amount of $602 plus tax, totalling $692.15. [ 13 ] The Defendant states that had he done the repairs, it would have cost much less than what the Plaintiff now claims. This is true, however the Defendant did undertake to do the repairs and failed to do so, therefore the Plaintiff was justified to claim the cost of having the repairs done by a third party.

[ 14 ] In conclusion, the Court will grant the value of the tires, the cost for the new back wiper and a portion of the repairs estimated by CX Carosserie John Scotti, for a total of $1,054.56. [ 15 ] Moreover as the Contract was concluded with the corporate Defendant, Mr. Mian’s responsibility is not incurred . FOR THESE REASONS, THE COURT : GRANTS in part Plaintiff’s action; CONDEMNS the Defendant, 9366-5370 Québec Inc., to pay to the Plaintiff, Naeem Iqbal, the sum of $1,054.56, with interests at the rate of 5%, plus the additional indemnity provided at

Article 1619 of the Civil Code of Québec , as of August 23 rd , 2018, plus costs in the amount of $101 representing the judicial stamp of the Demand; DISMISSES Plaintiff’s action against the Defendant, Muzaffar Mian, without cost. __________________________________ DIANE QUENNEVILLE, J.C.Q . Date of hearing: Janaury 11 th , 2021