2017 QCCQ 11517, 2017 QCCQ 11517

Greenaway c. 9024-3353 Québec inc. 2017 QCCQ 11517 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-152900-165 DATE: October 2, 2017 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ NYGEL GREENAWAY Plaintiff v. 9024-3353 QUÉBEC INC. and 9253-9089 QUÉBEC INC.

Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS plaintiff has the burden of proof ( articles 2803 and 2804 of the Civil Code of Québec ); [ 3 ] WHEREAS plaintiff did not prove that defendants are liable for the cost of the work carried out by Action Chevrolet Buick GMC Rive Sud (“Action”) (exhibit P-4); [ 4 ] WHEREAS plaintiff presented no expert testimony or written declaration to explain the contents of exhibit P-4, namely the nature of the repairs or why they were required; [ 5 ] WHEREAS , furthermore, said work was carried out without defendants’ prior knowledge, which is contrary to arts. 1594 ff C.C.Q .; [ 6 ] WHEREAS , indeed, plaintiff only sent a demand letter to defendants, on October 23, 2013, that is to say after the work was carried out by Action; and defendants were never given the opportunity to reinspect the car or perform further work upon it; [ 7 ] WHEREAS , lastly, plaintiff’s evidence is contradictory as to the quality of the work carried out by defendants; defendants’ principal stated that the car was operating when it was remitted to plaintiff; [ 8 ] WHEREAS plaintiff’s testimony was, at times, contradictory; [ 9 ] WHEREAS plaintiff did not fulfill his burden of proof; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's motion, without legal costs.

__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: September 18, 2017