Wilson c. Tribunsky 2012 QCCQ 786 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-118520-099 DATE: February 9, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ FRANCINE WILSON Plaintiff v.

VLADIMIR TRIBUNSKY Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including police report P-2 and plaintiff's credible testimony; [ 2 ] WHEREAS , on June 14, 2009, defendant's dog viciously attacked plaintiff's dog, thereby seriously injuring it; [ 3 ] WHEREAS the attack was unprovoked; [ 4 ] WHEREAS plaintiff's dog was on a leash, while defendant's dog was not, as it had strayed; [ 5 ] WHEREAS the attack occurred on public property (Bedford street, in Pierrefonds); [ 6 ] WHEREAS plaintiff's dog required surgery, intensive care and 11 days of hospitalization; [ 7 ] WHEREAS plaintiff incurred veterinary bills in the amount of $3,334,47 (exhibit P-1); [ 8 ] WHEREAS plaintiff's dog also required home care after its hospitalization; [ 9 ] WHEREAS plaintiff further incurred much trouble and inconvenience for weeks, after the vicious attack on her dog, as a direct result thereof; [ 10 ] GIVEN s. 1446 of the Civil Code of Quebec ; [ 11 ] WHEREAS defendant's contestation is devoid of substance; [ 12 ] WHEREAS defendant is indeed liable to reparation for the injury caused by his dog to plaintiff's dog and to plaintiff; [ 13 ] WHEREAS the amount claimed is justified and well-founded; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's claim; CONDEMNS Defendant to pay Plaintiff the sum of $3,834.47 with interest at the rate of 5% per annum and the additional indemnity provided for in s. 1619 C.C.Q., from July 7, 2009 with costs. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: February 6, 2012