2021 QCCQ 12899, 2021 QCCQ 12899

States c. 9753966 Canada inc. 2021 QCCQ 12899 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-708211-190 DATE: November 25, 2021 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ KANEIL STATES Plaintiff v. 9753966 CANADA INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] This is an action on account for services allegedly rendered. [ 2 ] Plaintiff claims that defendant retained his services “to manage its business”, from the months of June to November, 2018, at an hourly fee of $25.00. Plaintiff also contends that he worked 80 hours for defendant.

There is no time sheet or ledger indicating when the alleged services would have been provided, nor is there a description thereof. [ 3 ] Defendant’s president Darren White denies that any such agreement ever intervened between the parties. [ 4 ] Plaintiff has the burden of proof ( articles 2803 and 2804 of the Civil Code of Quebec ). [ 5 ] Plaintiff failed to prove the facts alleged in his application by a preponderance of evidence. [ 6 ] He provided no documentary evidence to support his claim, and his verbal accounting of the facts was tenuous and unconvincing. [ 7 ] WHEREAS plaintiff failed to prove that the parties exchanged consents on the essential elements of the alleged agreement for services ; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application, with legal costs in the amount of $256.00.

__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: November 17 th , 2021