2013 QCCQ 710, 2013 QCCQ 710

Wang c. Reno Dépôt inc. 2013 QCCQ 710 COURT OF QUEBEC «Division of small claims» CANADA PROVINCE OF QUEBEC DISTRICT OF Montreal No: 500-32-123268-106 DATE: January 18, 2013 ______________________________________________________________________ BY THE HONOURABLE DAVID L. CAMERON, J.C.Q. ______________________________________________________________________ Adi WANG […]Dollard-des-Ormeaux, Quebec, […] v.

RENO DEPOT INC. 400 Brunswick Boulevard Pointe-Claire, Quebec, H9R 5X4 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff Adi Wang sues the Defendant Reno Depot Inc. for a reduction of price of $6 618.50 representing half the cost for a set of kitchen cupboards purchased in May 16, 2008. [ 2 ] She alleges that, when delivered, the cabinets were damaged and that the cupboard doors were not made of solid maple as had been promised to her at the time of sale. [ 3 ] Reno Depot, who has been paid in full, denies any responsibility alleging that arrangements were made between the Plaintiff and the manufacturer, Contessa Cabinets Inc. (Contessa) During the hearing, Reno Depot also denies the claim on the basis that the contract did not provide for solid-wood doors.

Issues [ 4 ] The Court must determine: 1) Whether the Plaintiff is entitled to:

a) a reduction of price because of damaged parts;

b) a reduction of price because the doors were not made of solid wood, contrary to specifications that are part of the contract; and, as the case may be, establish the value of the reductions in price to which the Plaintiff is entitled. Facts [ 5 ] In May 2008, Adi Wang shopped for a set of kitchen cabinets to be incorporated into her home-renovation project.

Based on recommendations from her friends and family, she preferred solid-wood components rather than veneer on presswood. [ 6 ] The order was placed with a sales representative at Reno Depot named Patricia. [ 7 ] The Plaintiff testifies that Patricia promised her that the doors, trims and kick spaces would be solid maple. She chose a model called "Soho". The order form used by Patricia, printed on stationary of Contessa Cabinets Inc., indicated, under the heading "Cotés finis couleur" "Erable Spanish Brown" (P-6).

The document lists the quantities of all the components, which are referred to by numbers that are apparently from Contessa's catalog. [ 8 ] There is no indication on the documents concerning the issue whether the doors or the other components were presswood with veneer or solid maple. [ 9 ] On one document, the price is broken down between the "Contessa Cuisine" ($ 8,836.39) and the "Contessa Salle de Bain Vanité" ($ 2,890.75).

The latter is shown in a drawing attached to the order form. [ 10 ] The Plaintiff presents as proof of purchase a Desjardins Rona Visa statement (P- 2 ) showing the state of her account on the loan with Visa as of October 22, 2009. At that point, she owes a balance of $ 10,037.48.

[ 11 ] Reno Depot issued an invoice (D-6) showing a total price tax included, of $ 13, 237.01. [ 12 ] After the fabrication commenced at Contessa., the Plaintiff abandoned her renovation project and asked, through an intermediary, if Reno Depot would cancel the order. Because of the state of progress of the fabrication, Reno Depot refused. Mrs Wang arranged for Contessa to store the finished cabinets for an indefinite period of time.

Eventually, she decided to recover them from storage in order to try to sell them. [ 13 ] Various confusing communications on the part on Contessa and Reno and the passage of some four or five weeks made this sale impossible. [ 14 ] Eventually, in July 2009, Contessa agreed to deliver the cabinets subject to a claim of $800 fees for storage.

Through the intervention of Reno Depot, this claim was abandoned and finally, August 20 th , a deal was brokered by Reno Depot and Contessa delivered the kitchen cabinets to an office location indicated by of the Plaintiff. [ 15 ] Her friend Steve Cashin arranged to take delivery and hired a workman to help him install the cabinets. [ 16 ] In order to obtain the delivery, Mrs. Wang was compelled to sign a delivery slip (D-4) prepared by Contessa. The description reads: Les armoires de cuisine sont livrées tel quel et sans recours envers les Armoires Contessa Inc. suite au refus de Madame Wang et son conjoint M.

Steve Cashin de payer les frais d'entreposage de 800$. [ 17 ] The document indicates that the cabinets are sold to Reno Depot Pointe Claire. [ 18 ] Upon receiving delivery and commencing the installation, Mr. Cashin discovered that there were some pieces missing, some damages and that the door panels, in the "shaker" style were made of veneer presswood not solid maple. A meeting was held at the premises at which representatives of Reno Depot and Contessa attended.

Franco Ferrante, directeur de service of Reno Depot wrote a memo (D-3) to Natacha Deslauriers, designer conseillère technique of Contessa, listing five items were actually required by Contessa. The first four items have to do with elements to be replaced at Contessa's costs. The fifth item reads "Dans le formulaire Contessa, la

section de collection est ambigüe. Erable solide ou erable plaque?

Il n'y a pas de description ou choix pour la collection de placage." [ 19 ] After the memo was sent, Contessa did not repair the parts as promised and Steve Cashin improvised various solutions to the problem. [ 20 ] Reno Depot obtained from Contessa confirmation that the soho model is part of their "collection de placage" and not their "collection de solides" as is indicated in a page of Contessa's catalog (D-2). [ 21 ] At the hearing, Reno Depot alleged that this document from Contessa's catalog was actually incorporated in the client's documents at the time of the order.

This is extremely unlikely as the order documents retained by Mrs. Wang, which are more complete than those produced by Reno Depot, do not include the document. [ 22 ] The document is marked-up and highlighted to draw the reader's attention to the point made by Reno Depot. [ 23 ] The document contains list prices. It is the type of document used between a wholesaler and a retailer that would not normally be shown to a consumer. [ 24 ] On December 8, 2009, Mrs.

Wang sent a letter of demand (P-4) claiming a reduction of half of the price of the order referring to reasons given in an earlier letter dated November 28, 2009. Unfortunately, neither party could produce that letter. [ 25 ] Reno Depot also produces a different estimate given to Mrs. Wang prior to her acceptance of the Contessa's model. It is a list of prices totalling $ 14,483.21 for a "Sophia" kitchen made of "côtés érable (plaqué)". Reno Depot takes the position that this proves that Adi Wand was in the market for a kitchen, irrespective whether it was solid or veneer.

Reno Depot also asserts that solid cabinets cost significantly more than veneer cabinets. [ 26 ] The Plaintiff's friend Steve Cashin went to other Reno Depot locations and obtained documents that tend to show that the kitchen is solid maple (P-3). Analysis [ 27 ] On the issue of solid panels versus presswood veneer door panels, the balance of probabilities tips in favour of the Plaintiff. Mrs.

Wang's testimony, which seems sincere, was not contradicted by Reno Depot who failed to bring their representative, Patricia as a witness. [ 28 ] Rene Depot's interaction with Contessa at the time of the meeting to try to resolve the issue shows that Reno Depot itself was unsure whether the model was solid wood or veneer. [ 29 ] The documents remitted to Mrs. Wang at the time of the sale are ambiguous on this point and the ambiguity must be resolved in her favour not in favour of Reno Depot who drafted the documents.

At that time, Reno Depot's representative could have very easily included the stipulation that these were veneer doors as was the case for the other estimate for the Sophia model. [ 30 ] The fact that the Plaintiff chose the Soho model rather than the Sophia model is another indication that she preferred solid wood to presswood veneer. [ 31 ] By Reno Depot's own admission, a kitchen with solid maple components would cost between $ 20,000 and $ 25,000 as apposed

to the value of $ 13,000. [ 32 ] On this basis, the Plaintiff should be given a reduction in price of approximately 35%. [ 33 ] The Court arbitrates an amount of $ 4,500. [ 34 ] On the issue of missing parts and damaged parts, there can really be no contestation by Reno Depot because of the memo sent to Contessa insisting upon the correction of four items. [ 35 ] Reno Depot states that it ceased its efforts to force Contessa to comply with the request when Mr. Cashin attended at their store and made an angry scene. [ 36 ] Angry or not, Reno Depot's customer was entitled to service after sale and Mr.

Ferrante's memo proves that. [ 37 ] The Court arbitrates a further reduction of $ 1,325, approximately 10% of the total price of $ 13,327.01. FOR THESE REASONS, THE COURT: CONDEMNS Reno Depot Inc. to pay to the Plaintiff the sum of $ 5,825.00, together with interest at the legal rate of 5% per annum and the additional indemnity provided at

article 1619 of the Civil Code of Quebec , calculated from the date of the institution of the proceeding. CONDEMNS Reno Depot to pay to the Plaintiff judicial fees of $ 159. __________________________________ David L. Cameron, J.C.Q. Date of hearing: December 10 th , 2012