2014 QCCQ 84, 2014 QCCQ 84

Ross c. Western Union Financial Services (Canada) Inc. 2014 QCCQ 84 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-132173-123 DATE: January 10, 2014 _____________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ LOUIS ROSS […]Montreal, Quebec […] Plaintiff v.

WESTERN UNION FINANCIAL SERVICES (CANADA) INC. 1250 Belford Avenue East Colorado, U.S.A. 80112 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS defendant failed to attend the hearing, notwithstanding having been duly summoned and called; [ 2 ] GIVEN the evidence; [ 3 ] WHEREAS a contract for services for the transfer of funds to the U.S.A., intervened between the parties, on November 7, 2011; [ 4 ] WHEREAS , according to the preponderance of evidence, defendant's employee misinformed plaintiff regarding its services and, more particularly, the "MTCN" code provided to him as part of said services; [ 5 ] WHEREAS defendant's employee falsely stated to plaintiff, on two separate occasions, that the payee would not have access to the wired funds without the authorization of plaintiff and the divulgation of the MTCN code, that which was false; [ 6 ] WHEREAS , in fact, contrary to defendant's employee's statements, the payee gained access to the funds, without the use of said code, thereby stripping plaintiff of any control he may have had over the sales transaction which had intervened between himself and the payee; [ 7 ] WHEREAS , in other words, the payee paid himself without plaintiff's authorization and without sending plaintiff the

merchandise which he sold him; [ 8 ] WHEREAS defendant's fault resides in the fact that its employee incorrectly informed plaintiff regarding the details of defendant's services and the transfer of monies to the U.S.A.; [ 9 ] GIVEN sections 41, 42, 228 of the Consumer Protection Act (R.S.Q., c. P-40.1), which state: " 41. The goods or services provided must conform to the statements or advertisements regarding them made by the merchant or the manufacturer. The statements or advertisements are binding on that merchant or that manufacturer. 42.

A written or verbal statement by the representative of a merchant or of a manufacturer respecting goods or services is binding on that merchant or manufacturer. 228. No merchant, manufacturer or advertiser may fail to mention an important fact in any representation made to a consumer.

" [ 10 ] WHEREAS , as a result of defendant's breach, plaintiff sustained the damages alleged in the application, which he proved at trial; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application; SENTENCES defendant to pay plaintiff the sum of $545.48, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of February 7, 2012. THE WHOLE , with costs of $71.75. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: January 7, 2014