2011 QCCQ 1311, 2011 QCCQ 1311

Hautech Systèmes de sécurité inc. c. Midlash 2011 QCCQ 1311 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-122616-107 DATE: February 11, 2011 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ HAUTECH SYSTÈMES DE SÉCURITÉ INC., 430 Ste. Croix Blvd., St. Laurent (Quebec) H4L 3X4 Plaintiff v.

RONNIE MIDLASH, […], Montreal (Quebec) […] and 3G MOBILE TECH , 2045 Union Street, Montreal (Quebec) H3A 2C1 Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A contract for the sale and installation of security equipment and for monitoring services intervened between plaintiff and defendant "3G Mobile Tech" (hereafter "3G"), on July 23, 2009 (exhibits P-1 and P-1A). [ 2 ] There is no lien de droit between plaintiff and defendant Ronnie Midlash personally. [ 3 ] Plaintiff filed invoice no 04083 (exhibit P-3) and invoice no 044186 (exhibit P-4) into the Court record. [ 4 ] Invoice P-3 describes the equipment sold to 3G. [ 5 ] This equipment was installed, but never served the purpose for which it was primarily intended, namely use by remote operation. [ 6 ] As admitted by plaintiff's Paolo Vincenti, plaintiff was never able to resolve this issue. [ 7 ] 3G was therefore obliged to hire a third party to solve the problem, which required the installation of new equipment (exhibit D-1). [ 8 ] GIVEN s. 1591 of the Civil Code of Quebec ; [ 9 ] WHEREAS plaintiff itself terminated the contract; [ 10 ] WHEREAS, initially, 3G paid plaintiff an amount of $300.00 on account; [ 11 ] WHEREAS this amount was to be applied to the first year of monitoring services; [ 12 ] WHEREAS 3G was only able to use the "Sony Chip Camera Wide Angle" and the "OEM Camera Entrance" listed in exhibit P-3; [ 13 ] WHEREAS the cost thereof was $419.00 plus tax; [ 14 ] WHEREAS 3G is not liable for payment of the balance of invoice P-3, nor is it liable for payment of invoice P-2, plaintiff having terminated the contract as a result of its inability to render the services for which agreement P-1 was entered into; [ 15 ] WHEREAS 3G is therefore liable for the cost of 2 cameras, one year of monitoring services, less $300.00, the whole totalling $372.00; [ 16 ] WHEREAS plaintiff is authorized to retrieve the following items, on 3G's premises, upon 5 days prior written notice, at its

own expense: "CCTV UPS 5500; alarm panel (refurbished); add. keypad; Quad Loops (refurbished)" (exhibit P-3); WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application against Ronnie Midlash personally; GRANTS plaintiff's application against 3G Mobile Tech; CONDEMNS 3G Mobile Tech to pay plaintiff the sum of $372.00, plus interest at the rate of 5% per annum and the additional indemnity provided for in s. 1619 of C.C.C., from April 14, 2010, the date of the application (s. 1618 C.C.Q.), plus costs. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: January 25, 2011