2013 QCCQ 9291, 2013 QCCQ 9291

Khachatryan c. Arpenteurs-géomètres Barry, Régimbald, Lessard 2013 QCCQ 9291 COURT OF QUEBEC « Small Claims » CANADA PROVINCE OF QUEBEC DISTRICT OF LOCALITY OF TERREBONNE ST-JEROME « Civil Division » N o : 700-32-024739-102 DATE : August 7, 2013 ______________________________________________________________________ PRESENT : THE HONOURABLE GEORGES MASSOL, J.Q.C. ______________________________________________________________________ Karen Khachatryan Plaintiff vs.

Arpenteurs-géomètres Barry, Régimbald, Lessard Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ Whereas a person wishing to assert a right shall prove the facts on which her claim is based ; Whereas

article 2103 of the Quebec Civil Code ; Whereas

article 2804 of the Quebec Civil Code provides that evidence is sufficient if it renders the existence of a fact more probable than it's non-existence, unless the law requires more convincing proof ; Whereas the Plaintiff's claim for damage, occurring after a clerical error from Defendant ; Whereas in any case, a person must minimize her damages according to

section 1479 of the Quebec Civil Code , which provides that a person who is liable to reparation for an injury is not liable in respect of any aggravation of the injury that the victim could have avoid ; Whereas one of the two parts of the claim, namely the fees of the Municipality of Piedmont, is supported by exhibit P-5, which doesn't show a link between the Defendant's error and damage claimed by the Plaintiff, because it might be only for year of 2009 and also because it doesn't indicate that it's because of the surveyor's error ; Whereas, on the other hand, concerning the mortgage that had been put by the administrator of the immoveable, those fees could have been avoided if the Plaintiff had paid the full amount asked by the administrator and then, after the solution given by the Court, he could have be able to get the difference ; Whereas nobody can take the law into one's own hands, but has to follow the rules ; Whereas , nonetheless, the Plaintiff suffered from inconvenient and, therefore, he is allowed to get the sum of $ 300 ; Therefore, the court : Grants partially the claim ; Condemns the Defendant to pay to the Plaintiff the sum of $ 300 with the interests and the indemnity according to

section 1619 of the Quebec Civil Code since the introduction of the claim ; Because of the nature of the claim, each party will assume her own costs .

Georges Massol j.q.c. Date of hearing : July 18, 2013