2012 QCCQ 6960, 2012 QCCQ 6960
Opinion
James c. 3020363 Canada inc. (Sunlink Voyage and Vacances Sunlink) 2012 QCCQ 6960 COURT OF QUEBEC "Small Claims Division" CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N° : 500-32-113747-085 DATE : September 19, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ CORDELIA JAMES Plaintiff v. 3020363 CANADA INC. doing business under the firm and style name of SUNLINK VOYAGE and VACANCES SUNLINK Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Defendant failed to appear at trial, notwithstanding having been duly summoned and called. [ 2 ] Plaintiff is suing defendant, a travel agency, following a travel contract which intervened between them in 2008. [ 3 ] It appears, from the preponderance of evidence (booking documents exhibit P-2; tickets exhibit P-1; and credit card statements P- 2 and P-3), that defendant charged plaintiff more than the agreed upon price for a trip to Saint Vincent. [ 4 ] Plaintiff is claiming $1,014.36; however, based on credit card statements P-3, and, more specifically, the RBC Visa statement which shows a $1,000.00 payment to defendant on February 15, 2008 (all other payments were made directly to Air Canada and Liat), it appears that she is entitled to a reimbursement of $1,000.00 only. [ 5 ] WHEREAS defendant contravened s. 12 , 42 and 219 of the Consumer Protection Act [1] , and s. 1375 and 1458 of the Civil Code of Quebec ; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's amended application in part; SENTENCES defendant to pay plaintiff the sum of $1,000.00, plus interest at the annual legal rate and the additional indemnity provided for by s. 1619 C.C.Q., as of October 7, 2008, plus judicial fees in the amount of $98.00. __________________________________ ELIANA MARENGO, J.C.Q.
Date of hearing : September 4, 2012
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