2010 QCCQ 11641, 2010 QCCQ 11641

3279987 Canada Inc. (Planchers Universel Floors) c. Giabouranis 2010 QCCQ 11641 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-113083-085 DATE: December 2, 2010 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ 3279987 CANADA INC. doing business under the name PLANCHERS UNIVERSEL FLOORS 63, Guizot Est, Montréal (Québec) H2P 1L9 Plaintiff v.

PHIL GIABOURANIS […], Montréal (Québec) […] -and- CONSTRUCTION MELCON 20, Cardinal, Melocheville (Québec) J0S 1J0 Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Universel Floors is suing Defendants Phil Giabouranis and Construction Melcon solidarily for $7,000, for Defendant’s failure to accept the delivery of a custom made floor, manufactured by Plaintiff. [ 2 ] Considering that Plaintiff's contract was concluded solely with Defendant Phil Giabouranis; [ 3 ] Considering that Plaintiff undertook to manufacture Herringbone panels in Jatoba wood with Wenge wood custom borders, for the residence of Defendant Phil Giabouranis; [ 4 ] Considering that Plaintiff leveled floors in Defendant Giabouranis' residence, supplied and installed plywood and prepared the Jatoba herringbone panels with Wenge borders for installation; [ 5 ] Considering Plaintiff had claimed, from Defendants, $16,724.54 for the above-mentioned work; [ 6 ] Considering that Defendant Giabouranis advised Plaintiff he no longer wanted the wood; [ 7 ] Considering that Defendant Giabouranis, through his counsel, suggested that Plaintiff sell the wood; [ 8 ] Considering that Plaintiff sold the wood to a third party but was only able to obtain $8,000; [ 9 ] Considering that Plaintiff mitigated its damages by reducing its claim by $8,000; [ 10 ] Considering that Defendant Giabouranis failed to pay the balance owed; [ 11 ] Considering Plaintiff's testimonial and documentary evidence; [ 12 ] Considering that Defendants did not appear at the hearing;

[ 13 ] Considering that the jurisdiction of the Small Claims Court is limited to $7,000; FOR THESE REASONS, THE COURT: GRANTS Plaintiff's action against Phil Giabouranis; CONDEMNS Phil Giabouranis to pay 3279987 Canada Inc. doing business as Planchers Universel Floors the sum of $7,000 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec since November 4, 2008, plus the judicial fees of $202; DISMISSES Plaintiff's action against Construction Melcon, without costs; DISMISSES the cross demand of Phil Giabouranis, without costs. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: October 25, 2010