2023 QCCQ 4817, 2023 QCCQ 4817

Bih Cho c. Pierre 2023 QCCQ 4817 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS N°: 760-32-702561-228 DATE : July 13, 2023 ______________________________________________________________________ BY: M tre VASIL PETRISHKI, Special Clerk ______________________________________________________________________ CLEMENTINE BIH CHO PLAINTIFF vs.

RÉJEAN PIERRE DEFENDANT ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] THE COURT , after reviewing the proceedings and the proof, renders the present Judgment. [ 2 ] WHEREAS Plaintiff seeks a Judgment against Defendant for a sum of $7,500.00: the amount given to Defendant as a deposit for a renovation contract in Plaintiff’s home; [ 3 ] CONSIDERING that the Application was served upon Defendant on March 23, 2023; [ 4 ] CONSIDERING the default of Defendant to answer the Application within 20 days after the notification [1] ; [ 5 ] CONSIDERING the Application, the statement deemed to be an affidavit (art. 544 (1) of the Code of Civil Procedure ) and the exhibits P-1 and P-2 and exhibit P-3 filed after the hearing; [ 6 ] CONSIDERING articles 2098 and following of the Civil code of Quebec and the Consumer Protection Act P-40.1; [ 7 ] CONSIDERING

article 263 of the Consumer Protection Act P-40.1; [ 8 ] CONSIDERING that Plaintiff has proven her action against Defendant pursuant to Articles 2803 and 2804 of the Civil Code of Quebec for the amount of $7,500.00. [ 9 ] CONSIDERING that Plaintiff is entitled to interest at the legal or conventional rate from the date of default [2] ; [ 10 ] CONSIDERING that a creditor must put his debtor in default in writing to perform the obligation within a reasonable time after the demand except when the debtor is in default by the terms of the contract itself as stipulated in

Article 1594 of the Civil Code of Quebec or by the sole operation of the law as stipulated in

Article 1597 of the Civil Code of Quebec ; [ 11 ] CONSIDERING that Plaintiff is entitled to interest at the legal rate from the date of default, being October 6, 2022 [3] ; [ 12 ] CONSIDERING that the additional indemnity contemplated by

Article 1619 of the Civil Code of Quebec should be awarded; FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the Application; [ 14 ] CONDEMNS Defendant to pay to Plaintiff the sum of $7,500.00 with interest at the legal rate and the additional indemnity contemplated by

Article 1619 of the Civil Code of Quebec as of October 6, 2022, being the date of default; [ 15 ] CONDEMNS Defendant to pay to Applicant the legal costs of $201.00.

__________________________________ M tre Vasil Petrishki, Special clerk Mrs. Clementine Bih Cho, [...], Mercier, Québec, [...] Plaintiff