2018 QCCQ 8903, 2018 QCCQ 8903

Austin c. Quilliams 2018 QCCQ 8903 COURT OF QUEBEC « Small Claims Court » CANADA PROVINCE OF QUÉBEC DISTRICT OF BEDFORD LOCALITY OF COWANSVILLE « Civil Chamber » N° : 455-32-700783-185 DATE : November 21 th , 2018 ______________________________________________________________________ PRESIDING : THE HONOURABLE MARTIN TÉTREAULT J.Q.C. ______________________________________________________________________ John AUSTIN Plaintiff v.

Nathalie QUILLIAMS Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr. John Austin ("Mr. Austin") claims $5,207 from Ms Nathalie Quilliams ("Ms. Quilliams") for repairs he made to her camper (the "Camper"). [ 2 ] Ms. Quilliams contests alledging that Mr. Austin 1) did more work on the Camper than what was had agreed and 2) returned the Camper with damages. [ 3 ] Since Mr.

Austin is seeking to assert a right, he had the burden to prove, on the balance of probabilities, the facts on which his claim was based [1] . [ 4 ] No written contract intervened between the parties. Therefore, the proof relies solely on the evidence heard at the trial. [ 5 ] Ms. Quilliams admits that she retained Mr. Austin’s services to do certain work on her Camper, namely : 1. Replace all outside caulking; 2. Prepare all outside surfaces for new painting application; grinding rough areas and liquid solution washing as per Mr. Austin’s recommandations; 3. Install a new service window; 4.

Repair one marker light at the back upper corner; 5. Check the ceiling vent for leaks. [2] [ 6 ] According to her testimony, she got a verbal estimate from Mr. Austin that these repairs would take one day of work at an hourly rate of 55$. An amount of $100 would be added for material expenses. [ 7 ] After Mr. Austin started doing work on the Camper, he realized that a part of it was rotten. He contacted Ms. Quilliams who agreed that he would be doing additional work consisting in eight workable hours at the same rate plus $120 for material. [ 8 ] Ms.

Quilliams says that she only agreed to a total of $1,155 plus applicable taxes for the work to be done by Mr. Austin and that she was never made aware of the total hours worked by the latter. Since she has already paid Mr. Austin $1,700, no money would be owed. [ 9 ] Mr. Austin’s version differs from Ms. Quilliams. Though he admits that the hourly rate of $55 was agreed upon, he says that he always advised Ms. Quilliams of the work that had to be done and of the number of hours needed to complete the repairs. [ 10 ] He kept a list of all the work done from April 10 to June 7, 2017 [3] . Ms.

Quilliams would always have agreed to the work to be done. Moreover, she would have admitted owing the amount claimed but did not pay because she did not have the money to do so. [ 11 ] Mr. Austin’s testimony is corroborated by Ms. Sylvie Paquette ("Ms. Paquette"). [ 12 ] Ms. Paquette used to work for Ms. Quilliams. She introduced her to Mr. Austin to repair the Camper.

[ 13 ] She witnessed on a few occasions Mr. Austin contacting Ms. Quilliams in order to get her approval for additional work. She also witnessed Ms. Quilliams’ acceptance to proceed with the work. [ 14 ] After the camper was repaired, Mr. Austin tried to reach Ms. Quilliams in order to get paid. He asked Ms. Paquette to speak to Ms. Quilliams as to when he would get his money. Ms. Quilliams said to Ms. Paquette that Mr. Austin did not need to worry since she would pay the total amounts owed. [ 15 ] The Court has no reason to set aside the Ms.

Paquette’s testimony. [ 16 ] This version is also more in conformity with the fact that Ms. Quilliams paid $1,700 to Mr. Austin, which is more than the amount that she alledges being owed ($1,155 plus taxes). [ 17 ] In view of this proof, the Court comes to the conclusion that Ms. Quilliams owes the amount claimed by Mr. Austin. [ 18 ] As per the alledged damages to the Camper, Ms. Quilliams has not met her burden to prove the existence of such damages nor the fact that Mr. Austin would have agreed to cut his invoice in half if she put Mr. Austin’s publicity on her Camper.

FOR THESE REASONS, THE COURT : [ 19 ] GRANTS Plaintiff’s Demand ; [ 20 ] ORDERS the Defendant to pay the amount of $5,207 to the Plaintiff with interest and indemnity provided (1619 C.c.Q. ) from the date of the Demand letter, December 15, 2017. [ 21 ] WITH LEGAL COSTS awarded against the Defendant. __________________________________ MARTIN TÉTREAULT J.Q.C.