Naek c. Cerasuolo 2011 QCCQ 7044 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-122164-108 DATE: April 5, 2011 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ ARIF NAEK, […], Pierrefonds (Quebec) […] Plaintiff v.

ONOFRIO CERASUOLO, […], Pierrefonds (Quebec) […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS plaintiff has the burden of proof (arts. 2803 and 2804 of the Civil Code of Quebec ); [ 3 ] WHEREAS plaintiff is suing defendant, personally, following his son's registration with "AHM de Pierrefonds", a non- profit hockey organization; [ 4 ] WHEREAS plaintiff is requesting the reimbursement of the registration and tournament fees which he paid, as well as the cost of a jersey; [ 5 ] WHEREAS there is no lien de droit between the parties; [ 6 ] WHEREAS registration form D-7 intervened between plaintiff and AHM de Pierrefonds ; [ 7 ] WHEREAS all movies paid by plaintiff in relation thereto were paid to "Barracudas (Midget CC)" and "Midget CC Barons" (cheques P-3) and not to defendant personally; [ 8 ] WHEREAS, furthermore, plaintiff's allegations of "constant bullying" were basically denied by his son Shawn, at trial, who stated: "It was not necessarily Ono (the defendant)"; [ 9 ] WHEREAS, lastly, according to defendant's credible testimony, no such bullying occurred, and it was Shawn who unilaterally decided to abandon the team; [ 10 ] WHEREAS plaintiff did not meet his burden of proof; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application, with costs. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: March 22, 2011