2017 QCCQ 17162, 2017 QCCQ 17162

Li c. Saoudi 2017 QCCQ 17162 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-152665-164 DATE: November 15, 2017 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JULIE VEILLEUX, J.C.Q. ______________________________________________________________________ HAO LI […]Beaconsfield, Québec […] Plaintiff vs.

AZZADINE SAOUDI […]Brossard, Québec […] and GROUP SUTTON ACTION INC. 2190 Boulevard Lapinière Brossard, Québec J4W 1M2 and SIHAM ABDOUH ZERHOUNI […]Montréal, Québec […] and YOUSRA ABDOUH ZERHOUNI […]Montréal, Québec […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr. Li claims an amount of $10,950.91 from Mr. and Mrs. Serhouni (the vendors), Mr.

Saoudi (the vendors’ real estate agent) and Group Sutton Action inc. (Group Sutton) following the purchase of a condominium located at […], in Montreal (the Condo). [ 2 ] According to Mr. Li, he paid $276,000.00 for the Condo with a 6 X 6 feet storage space as a private portion but in fact, said space is rather a common portion for restricted use. CONTEXT [ 3 ] In July of 2014, Mr. Li was the owner of a condominium in the building development where the Condo is located.

He read the listing of the Condo and saw a reference to the storage space as a private portion. [ 4 ] He visited the Condo, where he was shown the storage space, and filed an offer to purchase. One of the conditions of his offer was to obtain the Condo rules and regulations together with the meeting minutes. The parties came to an agreement for the sale of the Condo for an amount of $276,000.00. [ 5 ] When Mr.

Li was at the notary’s office on August 27, 2014 for the signing of the Deed of Sale, he was informed by the notary, prior to the signing, that the storage space was not a private portion but rather a common portion for restricted use. Mr. Li nevertheless signed the Deed of Sale for the amount agreed upon. [ 6 ] Mr. Li contends that had he known that the storage space was not a private portion, he would not have paid $276,000.00. He

assesses at $10,950.00 the amount of damages suffered. [ 7 ] The vendors are not present at the hearing and have not contested Mr. Li’s claim but Mr. Saoudi together with Mrs. Jetté from Group Sutton are present at the hearing. [ 8 ] According to Mr. Saoudi, although he admits that the listing of the Condo refers to the storage space as a private portion, Mr. Li was well aware, prior to the signing of the Deed of Sale, that it was not the case. In addition, Mr. Saoudi pleads that Mr.

Li is a businessman involved in building management, that he was the owner of another unit in the same development and that he was given the Condo rules and regulations prior to signing the Deed of Sale. He nevertheless decided to buy the Condo for the price agreed upon. [ 9 ] In addition, Mr. Saoudi refers to the “Certificat de localisation” given to Mr. Li prior to the signing of the deed of sale which indicates clearly that the lot number 1 854 142 related to the storage space is a common portion. [ 10 ] Mrs. Jetté pleads that Mr.

Li knew that the storage space was not a private portion prior to signing the Deed of Sale and also that he has not demonstrated any damages considering that he has in fact the exclusive use of the storage space. ANALYSIS - Has Plaintiff established that Defendants are liable for the damages claimed? [ 11 ] Mr. Li’s recourse against Mr. Saoudi and Group Sutton is extra contractual while his recourse against the vendors is contractual. [ 12 ] Sections 1457 and 1458 of the Civil Code of Quebec apply to the present case : 1457.

Every person has a duty to abide by the rules of conduct incumbent on him, according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is liable for any injury he causes to another by such fault and is bound to make reparation for the injury, whether it be bodily, moral or material in nature. He is also bound, in certain cases, to make reparation for injury caused to another by the act, omission or fault of another person or by the act of things in his custody. 1458. Every person has a duty to honour his contractual undertakings.

Where he fails in this duty, he is liable for any bodily, moral or material injury he causes to the other contracting party and is bound to make reparation for the injury; neither he nor the other party may in such a case avoid the rules governing contractual liability by opting for rules that would be more favourable to them. [ 13 ] Whether the Court analysis Mr. Li’s claim in the context of “defects” which is suggested in his proceedings or rather in the context of false representations made prior to the sale of the Condo, the Court finds that Mr.

Li’s recourse must fail. [ 14 ] It is admitted that the listing refers to a wrong information but the proof offered at the hearing demonstrates that Mr. Li was well aware that the information was wrong and nevertheless, he decided to sign the Deed of Sale for the amount agreed upon with the vendors. [ 15 ] With respect to Mr. Li’s recourse against Mr. Saoudi and Group Sutton, the Court finds that there was no demonstration of a fault on their part which caused damages to Mr. Li. Therefore, Mr. Li’s claim must be dismissed against Mr. Saoudi and Group Sutton. [ 16 ] In addition, it is the Court’s opinion that Mr.

Li’s consent to purchase the Condo was valid and that his recourse against the vendors must also be dismissed. FOR THESE REASONS, THE COURT: DISMISSES Hao Li’s claim against Azzadine Saoudi, Group Sutton Action Inc., Siham Abdouh Zerhouni and Yousra Abdouh Zerhouni. THE WHOLE , without costs.

__________________________________ JULIE VEILLEUX, J.C.Q. Date of hearing: September 18, 2017