2012 QCCQ 380, 2012 QCCQ 380

Trudel c. Levchuk 2012 QCCQ 380 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-117229-098 DATE: January 11, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ PIERRE TRUDEL and MARC CHABOT Plaintiffs v.

LIZA LEVCHUK Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS , on May 4, 2008, defendant promised to purchase plaintiffs' condominium, for $294,000.00 (exhibit P-12); [ 3 ] WHEREAS defendant undertook to take all steps necessary to obtain a loan of $279,000.00, secured by a first rank hypothec, and to supply plaintiffs within a period of 11 days, a copy of the undertaking by a lender to grant her such a loan; [ 4 ] WHEREAS defendant supplied plaintiffs with such an undertaking (exhibit P-3); [ 5 ] WHEREAS defendant's promise to purchase was conditional upon inspection of the immoveable and examination of co- ownership documents; [ 6 ] WHEREAS the above conditions were waived, and, on May 22, 2008, the parties finally agreed on a purchase price of $296,900.00 and a closing date of August 20, 2008; [ 7 ] WHEREAS , subsequently thereto, plaintiffs packed their belongings, hired movers and entered into a lease agreement effective August 1, 2008 (exhibit P-5); [ 8 ] WHEREAS , however, on August 6, 2008, defendant advised plaintiffs that she would not execute the deed, due to illness; [ 9 ] WHEREAS plaintiffs attempted to have lease P-5 annulled, but were unable to do so as the landlord refused; [ 10 ] WHEREAS , in an attempt to minimize their damages, plaintiffs asked defendant if she would take over lease P-5; however, defendant failed to respond to this request; [ 11 ] WHEREAS , by demand letter dated August 21, 2008 (exhibit P-1), plaintiffs demanded compensation for the damages incurred as a direct result of defendant's failure to honour her contractual obligations and execute the deed of sale; [ 12 ] WHEREAS said letter was delivered to defendant by Canada Post; however, defendant refused to accept delivery of same; [ 13 ] WHEREAS plaintiffs were obliged to pay their new landlord 3 months rent, for cancelling their lease; [ 14 ] WHEREAS plaintiffs sustained the following damages, as a direct and immediate consequence of defendant's failure to honour her contractual undertakings in accordance with articles 1458 and 1375 of the Civil Code of Quebec : - $5,840.00, representing 3 months paid rent (exhibits P-8 and P-14); and - $1,160.00, representing the stress, trouble and inconvenience which plaintiffs sustained following defendant's default;

[ 15 ] WHEREAS defendant did not have a valid reason for refusing to execute the deed of sale; [ 16 ] WHEREAS defendant was legally bound by the terms and conditions of her promise to purchase; [ 17 ] WHEREAS defendant had other options, such as executing the deed and reselling the property; [ 18 ] WHEREAS , instead, defendant choose to purchase another property, for a lesser amount (exhibit P-15); [ 19 ] WHEREAS plaintiffs proved all of the facts alleged in their application, by a preponderance of evidence; [ 20 ] WHEREAS defendant failed to honour her contractual undertakings (

article 1458 C.C.Q.); [ 21 ] WHEREAS defendant is therefore liable for the injury caused to plaintiffs and is liable to reparation for said injury; and plaintiffs are entitled to compensation for the damages incurred in the amount of $7,000.00; WHEREFORE THE COURT HEREBY: GRANTS plaintiffs' application; CONDEMNS defendant to pay plaintiffs the sum of $7,000.00, with interest at the rate of 5% per annum and the additional indemnity provided for in

article 1619 C.C.Q., from August 21, 2008, plus judicial costs in the amount of $157.00. __________________________________ ELIANA MARENGO, J.C.Q. Dates of hearing: September 26 and December 19, 2011