2015 QCCQ 5822, 2015 QCCQ 5822

North Cool Inc. c. Gevorkyan 2015 QCCQ 5822 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-137054-138 DATE: April 29, 2015 _____________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ NORTH COOL INC. Plaintiff v.

VREZH GEVORKYAN Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Vrezh Gevorkyan requests revocation of the judgment rendered by default [1] , claiming that he never received notice of the first hearing [ 2 ] Andrei Chalimov, an administrator of North Cool, consents to revocation. [ 3 ] At the hearing, the first judgment was therefore revoked and the parties proceeded to debate the merits of the claim. [ 4 ] North Cool Inc. supplies and installs staircases.

The evidence shows that Mr Gevorkyan received an estimate on October 17, 2012 for a staircase to be installed in his home. On November 2, 2012, he made a deposit on the contract in the amount of $1 100.00 [2] . On November 22, 2012 the staircase was delivered and installed.

On November 28, 2012, Andrei Chalimov met with Mr Gevorkyan at his home to discuss the payment of the balance. [ 5 ] At this time, Mr Gevorkyan made another payment in the amount of $2 000.00 [3] and requested that the transaction take place without a bill. [ 6 ] The sole question to be decided here is whether or not on November 28, 2012 there was an agreement between the parties that this $2 000.00 cash payment be final. [ 7 ] The burden of proving such an agreement is entirely the responsibility of Mr Gevorkyan [4] . He argues that his testimony is more convincing than that of Mr Chalimov.

He states that his son’s testimony corroborates his own. [ 8 ] The Court does not agree. Sergis Gevorkyan was in fact in the home at the time of the exchange of the $2 000.00. However, although he was witness to a payment, he states that he is not aware of the amount paid and he was not privy to the details of the conversation between his father and Mr Chalimov.

Also, it is surprising that Mr Gevorkyan states that there had been an agreement to pay under the table without any official bill when in fact the bill had already been issued at the time of the alleged discussion and its is specifically identified in the receipt dated November 28, 2012. [ 9 ] On the whole, the Court is not satisfied that Mr Gevorkyan’s version is preponderant. In view of this, the contestation cannot succeed.

FOR THESE REASONS, THE COURT: REVOKES the judgment rendered December 9, 2014 ON THE MERITS: GRANTS the claim; CONDEMNS Vrezh Gevorkyan to pay to North Cool Inc. the sum of $1,850.54 with interest at the legal rate, plus the additional indemnity provided for in

article 1619 of the Civil Code of Québec , as of the date of service of the claim, February 12, 2013;

CONDEMNS Vrezh Gevorkyan to pay the judicial fees of $156.00. __________________________________ SCOTT HUGHES, J.C.Q. Date of hearing: April 7, 2015