Wang c. Mughal 2023 QCCQ 2919 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-713331-207 DATE: May 10, 2023 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ CHANGSHENG WANG Plaintiff v.

AWAIS AHMED MUGHAL Defendant ______________________________________________________________________ JUDGMENT RENDERED EX PARTE ______________________________________________________________________ [ 1 ] Plaintiff bought a used car from defendant, and is suing defendant, in damages, for having lied about and tampered with the odometer. [ 2 ] Defendant did not appear at trial, despite having been duly summoned and called.

The Court therefore proceeded ex parte . [ 3 ] GIVEN the evidence, namely the credible testimony of plaintiff, as well as exhibits P-1 to P-13; [ 4 ] WHEREAS a contract for the private sale of a used 2015 Nissan Altima intervened between the parties, on December 2, 2019, for $8,400.00 (contract, exhibit P-13); [ 5 ] WHEREAS according to the preponderance of evidence (exhibits P-1 to P-5), defendant lied about and tampered with the vehicle’s odometer (87,000 km vs approximately 190,000 km); [ 6 ] WHEREAS plaintiff is claiming the difference between the price he paid for the value ($8,400.00) and its fair market value at the time of the sale ($6,000.00, exhibit P-6); [ 7 ] WHEREAS plaintiff is also claiming $300.00, for some of the costs he incurred as a direct result of defendant’s faults and omissions; [ 8 ] GIVEN s. 1375, 1458 and 1726 of the Civil Code of Quebec ; [ 9 ] WHEREAS plaintiff proved all of the facts alleged in his application, by a preponderance of evidence (s. 2803 and 2804 C.C.Q.); [ 10 ] WHEREAS defendant is liable for the total amount claimed; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application; CONDEMNS Awais Ahmed Mughal to pay plaintiff the sum of $2,700.00, plus interest at the legal annual rate and the additional indemnity provided for in

section 1619 of the Civil Code of Quebec , from January 28, 2020, date of the letter of demand, and legal costs in the amount of $104.00.

__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: April 18, 2023