2023 QCCQ 2914, 2023 QCCQ 2914

Perrin c. Carrosserie St-Michel inc. 2023 QCCQ 2914 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-162755-211 DATE: May 10, 2023 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ MARGARET PERRIN Plaintiff v. CARROSSERIE ST-MICHEL INC.

Defendant ______________________________________________________________________ JUDGMENT RENDERED EX PARTE ______________________________________________________________________ [ 1 ] Plaintiff is suing defendant, in damages, for shoddy repair on her car. [ 2 ] Defendant did not appear at trial, despite having been duly summoned and called, and the Court therefore proceeded ex parte . [ 3 ] Following a collision in September, 2020, defendant repaired plaintiff’s car, a 2014 Hyundai Tucson. [ 4 ] On January 30, 2021, plaintiff’s car broke down and was towed to Hyundai Gabriel West.

The diagnosis was as follows: Hello Mrs. Perrin, As discussed by phone this morning, attached are the pictures and bello is the technicien diagnosis: “Checked under the car, transmission oil leak detected from the transmission cooler line goes to the radiator, hose clamp wasn’t in the right place and the line on the radiator was loose leaking from both places.

After fixing the clams retest system and found that the fitting that was screw on the cooler was overly tight and broke the chamber that caused the coolant to mix with the transmission oil and affect the internal parts of the transmission even after adjusting level, transmission doesn’t work due to internal failure. Will need to replace the transmission and cooler and do a complete flush of both systems.” I you need any more information, please do not hesitate to contact me. Also if your insurance needs an estimate of the repair, we will provide you with the exact figures when you’ll request it.

Sincerely VICTOR MIKHAEL (email dated February 2, 2021, exhibit P-1) [ 5 ] Defendant was the last company to service the car, and it would therefore appear that it is responsible for causing the above- described damages. In fact, in the insurer’s estimate for the work carried out in September, 2020, defendant is identified as having done work on the radiator, inter alia .

[ 6 ] On February 11, 2021, plaintiff sent defendant a formal demand letter (exhibit P-2), that to which defendant never replied. [ 7 ] It should be noted that plaintiff mitigated her damages ( s. 1479 of the Civil Code of Quebec ); she had the repair work carried out, by a reputable mechanic, at the lowest possible price ($2,604.85, estimate, exhibit P-1; invoice, exhibit P-3). [ 8 ] Plaintiff is also claiming $1,874.05 for car rental costs incurred, from February 12 to March 7, 2021.

However, damages must be reasonable and foreseeable (s. 1613 C.C.Q.), and defendant cannot be held liable for this amount, as it is excessive. [ 9 ] Furthermore, plaintiff failed to produce sufficient evidence with regards to the « undetermined time lost from work », alleged in the application. [ 10 ] WHEREAS a representative of Sam Samuelson Inc. was not present to testify; [ 11 ] WHEREAS the Court must factor in depreciation when assessing damages; [ 12 ] WHEREAS the vehicle was 6 to 7 years old at the time of the repairs; [ 13 ] WHEREAS plaintiff had no taxi or train receipts in support of her claim; [ 14 ] WHEREAS defendant cannot be held liable for one month’s car rental fees; [ 15 ] GIVEN , however, the trouble and inconvenience incurred by plaintiff, as a direct result of defendant’s faults and omissions (s. 1607 C.C.Q.), the Court, in its discretion, shall grant plaintiff an aggregate amount of $2,500.00 for the damages sustained; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application in part; CONDEMNS Carrosserie St-Michel inc. to pay plaintiff the sum of $2,500.00, plus interest at the legal annual rate and the additional indemnity provided for in

section 1619 of the Civil Code of Quebec , from March 5, 2021 and legal costs in the amount of $106.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: April 17, 2023