2018 QCCQ 7642, 2018 QCCQ 7642

Hugues Paull c. Gabereau (9334-7698 Québec inc.) 2018 QCCQ 7642 COURT OF QUEBEC « Small Claims Court » CANADA PROVINCE OF QUÉBEC DISTRICT OF BEDFORD LOCALITY OF COWANSVILLE « Civil Chamber » N° : 455-32-700103-178 DATE : October 22, 2018 ______________________________________________________________________ PRESIDING : THE HONOURABLE MARTIN TÉTREAULT J.Q.C. ______________________________________________________________________ Jacqueline HUGUES PAULL Plaintiff v. Michel GABEREAU, operating as 9334-7698 QUÉBEC INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The plaintiff is claiming $1,940 for damages caused by water and/or sewage leaks in the premises that she was occupying in February 2016. [ 2 ] The defendant’s Contestation is based solely on the quantum claimed since he admits liability. [ 3 ] He also filed a counterclaim for unpaid rent in the amount of $2,400. [ 4 ] According to the Civil Code of Quebec , a person seeking to assert a right shall prove, on the balance of probabilities, the facts on which his claim is based. [1] [ 5 ] According to

section 1611 C.C.Q., the damages due to a creditor shall compensate for the loss sustained and the profit of which he has been deprived. In case of material damages, the court must take into account the replacement or repair costs of the goods affected. [2] The loss of future profit must be certain and assessable. [3] [ 6 ] In this case, plaintiff’s claim is based solely on the selling price of an antique china cabinet ("Cabinet") that was affected by water ($1,495).

She also claims $95 for the restoration costs of the space rented. [ 7 ] The plaintiff was not able to provide the Court with any document nor was she able to precise the amount that she had paid for the Cabinet. [ 8 ] An expert in restoration and sale of antique furniture, Mr. Richard Shea ("Mr. Shea"), testified that he could have easily restored the Cabinet for an amount between $200 and $350 and that it would not have affected its selling price.

He also mentioned that the value of the Cabinet was between $850 to $1,000. [ 9 ] Since the plaintiff has not been able to prove, on the balance of probabilities, that she would not have been able to sell the refurbished Cabinet for the amount that she is now claiming, the Court will grant $350 for the damages caused to the Cabinet.

The interests and the additional indemnity will run as of January 30, 2017 when the demand letter was notified to the defendant. [ 10 ] As per the cross-demand, the defendant had the burden to prove his case. [ 11 ] He was not able to prove any verbal or written lease with the plaintiff for the additional space that the plaintiff would have occupied between July 2016 and August 2017 in his premises. [ 12 ] Moreover, Ms. Judith Duncanson testified that the defendant would tolerate that tenants put their goods for sell in non-rented space free of rent. [ 13 ] Therefore, the cross-demand is dismissed.

FOR THESE REASONS, THE COURT : [ 14 ] GRANTS in part Plaintiff’s Demand ; [ 15 ] CONDEMNS the defendant 9534-7698 Québec inc. to pay to the Plaintiff an amount of $350 with interest at the legal rate

increased by the additional indemnity provided by s.1619 C.C.Q., the whole calculated as of June 30, 2016; [ 16 ] DISMISSES Defendant’s Cross-demand ; [ 17 ] THE WHOLE WITH COSTS, against the Defendant. __________________________________ MARTIN TÉTREAULT J.Q.C.