2021 QCCQ 5726, 2021 QCCQ 5726

Turcot c. Roy 2021 QCCQ 5726 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Civil Division No: 500-32-158341-182 DATE: July 9, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ Daniel Turcot Plaintiff v.

LaurA Roy Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Daniel Turcot is claiming $15,000 from Laura Roy for the following reasons: “- 15000.00 of collectable Star Wars and Planet of the Apes figures and vehicles stolen - False arrest - Homelessnes (depression/anxiety)” (Textual reproduction) [ 2 ] In her contestation and at trial, Mrs. Roy explains that her mother, Mrs. Joan Wheaton, was temporarily housing Mr.

Turcot at her apartment and asked him to leave when she realized that he was using her Facebook page to harass people. [ 3 ] Following Mrs. Wheaton's request, Mr. Turcot leaves the apartment and alleges that several of his collectible toys and figurines have been stolen. [ 4 ] However, at the hearing, Mr. Turcot does not present any evidence to evaluate his collection of toys or collectible figurines. In law, it is not enough to allege damages, but they must be proven. [ 5 ] Furthermore, if Mr.

Turcot believes that some of his toys or collectible figurines were stolen, he should have directed his action against Mrs. Wheaton who was harboring him, and not against her daughter, Mrs. Laura Roy. [ 6 ] In civil law, the burden of proof is on Plaintiff’s shoulders in accordance with the principle provided for in

article 2803 of the Civil Code of Québec ( C.C.Q . ) which states “A person seeking to assert a right shall prove the facts on which his claim is based” . [ 7 ] The Court must weigh the probabilities pursuant to

article 2804 C.C.Q . which states “Evidence is sufficient if it renders the existence of a fact more probable than its non-existence” . In other words, the Court must establish what is more probable and likely. [ 8 ] After analyzing the evidence presented, the Court concludes that Mr. Turcot does not discharge his burden of establishing that Mrs. Roy stole his toy or figurine collection. [ 9 ] As for the allegation of wrongful arrest, Mr. Turcot should have directed his action against the City of Montreal since it appears that Ms.

Roy is not at fault in filing a complaint with the police about the criminal harassment she suffered at the hands of Mr. Turcot. [ 10 ] With respect to the accusations of "Homelessness" , Mr. Turcot cannot attribute any fault whatsoever to Ms. Roy who was not the person who housed him in March and April 2018. [ 11 ] In fact, this case, like many others, demonstrates that Mr. Turcot is aggressive, harassing and uses foul language towards anyone who dares to confront him.

He has only himself to blame for the difficulties he has experienced in recent years as a result of his erratic and problematic behaviour. [ 12 ] Finally, the present case is one of a series of cases that the Court is hearing in which Mr. Turcot is the Plaintiff. In all of these cases, Mr. Turcot is claiming $15,000 from the defendants for "stress, anxiety, depression and embarrassment" and never establishes the actual damages suffered. Instead, he makes vague, unsubstantiated allegations about his damages. The relevance of the judgment rendered on June 11, 2019 by Judge Céline Gervais, in Turcot v.

Restaurants MH Inc. (Mc Donald's) [1] , which declares Mr. Turcot a

querulous litigant. Unfortunately, this judgment does not have retroactive effect for this file and all the others that the Court hears during four days in the week of June 28, 2021. FOR THESE REASONS, THE COURT: DISMISSES Daniel Turcot’s application against Laura Roy; CONDEMNS Daniel Turcot to pay Laura Roy $202 as legal costs. __________________________________ Henri Richard, J.C.Q. Date of hearing: July 2, 2021