2015 QCCQ 3857, 2015 QCCQ 3857

Korycanska c. 9221-1903 Québec Inc. (Garage Fredmir) 2015 QCCQ 3857 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-142854-142 DATE: April 24, 2015 ______________________________________________________________________ BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ KATERINA KORYCANSKA Plaintiff v. 9221-1903 QUÉBEC INC., doing business under the name of Garage Fredmir Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Katerina Korycanska claims from 9221-1903 Québec Inc., doing business under the name of Garage Fredmir, the amount of $1,025.00 for damages presumably caused by Garage Fredmir to the rims of her car. [ 2 ] Garage Fredmir contest this claim. [ 3 ] On May 6, 2014, Mrs.

Katerina Korycanska brought her car a Lexus RX to Garage Fredmir for a routine tires change. [ 4 ] She took possession of the car the same day and left. [ 5 ] She claims that after doing some errands, she noticed scratches on the rims of her car. She turned around, went back to the garage and explained to Mr. Ibrahim Metwaly that these marks were not present when she left the car at his garage. [ 6 ] Mr. Metwaly asked her to come back at a later date.

When she came back he agreed to reimburse the amount she paid for changing the tires but refused to pay any additional sum for the damages presumably caused to the rims. [ 7 ] It is the Plaintiff’s burden to proof that the scratches on the rims were made by the equipment used by Garage Fredmir to change the tires. [ 8 ]

Article 2803 of the Civil Code of Quebec states that: 2803. A person seeking to assert a right shall prove the facts on which his claim is based. A person who claims that a right is null, has been modified or is extinguished shall prove the facts on which he bases his claim. [ 9 ] Mrs. Katerina Korycanska does not produce an expertise or a witness to attest that the scratches were, more than likely, made by the machinery used to change the tires. [ 10 ] Spinelli Lexus, the garage where she usually goes, estimated the cost to repair the 4 rims.

However, it did not attest to the fact that the damages were, more than likely, caused by a misuse or malfunction of the machinery used to change the tires. [ 11 ] This proof missing, the Court cannot conclude, by a balance of probability, that the damages were cause by Garage Fredmir. FOR THESE REASONS, THE COURT: REJECTS the claim of Plaintiff Katerina Korycanska without costs. __________________________________ MARIE MICHELLE LAVIGNE, J.c.Q Date of hearing: April 21, 2015