Drugstore must pay man $303.99 for $3.99 ice cream dispute: Judge

Jacques Asselin. (QMI Agency)

Jacques Asselin. (QMI Agency)

Stephan Dussault, QMI Agency

, Last Updated: 3:33 PM ET

QUEBEC CITY — A judge has ordered a Quebec City drugstore to pay $303.99 to a customer who didn't get free Breyers ice cream after he was overcharged by $4.

Jacques Asselin sued Pharmaprix, known as Shoppers Drug Mart outside Quebec, after the cashier rang him up for $7.99 instead of the list price of $3.99.

"I felt insulted," the 78-year-old told QMI Agency after winning the case in small claims court. "I went to court as a matter of principle."

Asselin had visited his local drugstore in November 2011 to buy ice cream on sale for $3.99, the court ruling says.

When he was charged $7.99, he told the cashier the ice cream was listed for a lower price in the flyer. The staff disputed his claim but he went back into an aisle, found a digital scanner and confirmed the $3.99 price.

Asselin should have received the ice cream for free under Quebec's fair pricing rules, the judge said. Instead, an assistant manager insisted the man pay the sale price.

The manager admitted his mistake a month later and offered Asselin a refund plus a $25 gift card, but the customer refused and sued instead.

On June 6, Judge Pierre A. Gagnon awarded Asselin $303.99, which includes the sale price of the ice cream plus $100 in costs and $200 in punitive damages.

The judge noted in his ruling that Pharmaprix has repeatedly violated Quebec's fair pricing policy over the past three years.

 


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