2016 QCCQ 8940, 2016 QCCQ 8940

Dumont c. Routhier 2016 QCCQ 8940 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF PONTIAC TOWN OF CAMPBELL'S BAY Civil Division No: 555-32-000013-157 DATE: September 2 nd , 2016 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN ______________________________________________________________________ Cécile Dumont v.

Jean-Guy Routhier Defendant ______________________________________________________________________ JUDGMENT Rendered orally at the hearing and edited ______________________________________________________________________ INTRODUCTION [ 1 ] Ms. Dumont is suing Mr. Routhier for lack of respect of an offer to purchase signed by him for her house. QUESTION IN DISPUTE [ 2 ] The Court has to decide on the amount of damages and interests related to that breach of contract from Mr. Routhier.

THE FACTS [ 3 ] On August 30 th , 2015, the parties signed an offer to purchase for the plaintiff's house situated at 13, Gingembre Road in Pontiac. Mr. Routhier was suppose to take possession of the house on October 30 th , 2015 but failed to present himself at the signing of the deed of sale. Also, he did not respond to the main letter sent to him by Ms. Dumont on September 3 rd , 2015. [ 4 ] By not signing the deed of sale, Ms. Dumont had to oversee both her actual house and the one she was building.

That situation caused her much harm as she did not have the monies to pay the contractors working on her new home and had to care for both houses. Moreover, she had to pay for electricity, maintenance charges, heating, insurance coverage and taxes. [ 5 ] In helping with that situation and to cover for other expenses and notary fees related to Mr. Routhier's wrongdoing, Ms. Dumont had to mortgage the house.

She was charged interest and had to withdraw from her TFSA and was deprived of income taxes savings. [ 6 ] Also, she had to cash her Bell shares for which she was charged capital gain on the withdraw from her RRSP and had to pay income taxes. [ 7 ] Ms. Dumont demonstrated that a second offer to purchase was signed by a neighbour in the amount of $160 000 which was $20 000 less of the asking price. [ 8 ] Ms. Dumont suffered anxiety and stress and had many difficulties occur from Mr. Routhier's failure to comply. [ 9 ] According to the Court, Ms.

Dumont demonstrated, beyond the balance of probabilities, that she suffered damages for more than $15 000.

FOR THOSE GROUNDS, THE COURT: [ 10 ] GRANT the motion; [ 11 ] CONDEM Mr. Routhier to pay to Ms. Dumont the sum of $15 000 with interests at the legal rate and the additional indemnity provided by

section 1619 of the Civil code of Québec starting September 3 rd , 2015 and the Court fees of $200. __________________________________ SERGE LAURIN, JCQ Date of hearing: August 19 th , 2016