Purchase, legal warranty and services contracts

Service contract --- Travel Agency  

The plaintiffs purchased a package of seven days in Cuba, in a three star hotel, at a price of $ 1,690 for two people. They blame the travel agency as well as their wholesaler selling a package does not conform to what was described on the Internet and in the brochure. A representative of the wholesaler informed the applicants that it would cost them $ 400 in order to change the hotel center, the hotel alternative is superior, and that sum was to be paid in cash. However, they owned about half of that amount. The defendants refused to pay the sum of $ 2,999 claimed and claim that the plaintiffs had to choose a more expensive package if they wanted a better room.

The Quebec Court (Small Claims) rule that even if the quality of a three star hotel in Cuba no relation to the quality of a three star hotel in North America, the poor quality of services offered in this case is totally unacceptable. Modest hotel does not mean messy hotel whose services are nonexistent. The travel agency and wholesaler failed in their obligation of result and they cannot avoid liability by pleading the fault of the hotel. As for the damages claimed, there is no need to reduce them. Therefore, they are entitled to the full amount claimed, and the defendants are jointly and severally ordered to pay them $ 2999.

J.E. 2012-111

Class Action --- Consumer Protection  

The applicant wishes to be allowed to bring a class action on behalf of persons who purchased personal property to a store under the name of the respondent through a financing plan provided by the Federation des caisses Desjardins du Québec. The applicant contends that the respondent contravenes the Act on consumer protection, as it had to pay for the purchase of credit charges, which are also of interest on a loan, while the terms of the funding that the respondent offered through Desjardins specified "no fees or interest." It calls for the reduction of interest and compensation for exemplary damages.

he Superior Court held that the applicant cannot claim that the contract between him and the respondent is a loan of money. The variable credit agreement on the issue of credit card is only concluded between the applicant and Desjardins. The respondent was not subject to the requirements of the Act on Consumer Protection. The use of Article 271 of the Act on the Protection of the consumer is bound to fail; the complainant has suffered no prejudice as a result of the shortcomings attributed to the respondent.

J.E. 2011-1882

Class Action --- Cordless Phone    

The applicant was allowed to bring a class action on behalf of people who the respondent charged a fee of early termination of the service contract for their cell phone. It calls for $ 500 is added to the findings by way of moral damages for each member whose credit has been marred.

The Superior Court said that to meet the conditions for a petition to review a decision of approval, the applicant must demonstrate that new facts have arisen. Grant the motion for reconsideration be tantamount to an appeal the decision of approval, which prohibits section 1010 of the Code of Civil Procedure (CPC). But the thesis of his new representative wishing bad credit is a direct result of the termination fee is not supported by the evidence. For these reasons, the court dismisses the petition for review of Judgment for authorization of a class action and amends the original application.

J.E. 2011-1884