2021 QCCQ 11267, 2021 QCCQ 11267

Boyce c. Redhead 2021 QCCQ 11267 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division # : 500-32-706460-187 DATE: November 2, 2021 ______________________________________________________________________ PRESIDED BY THE HONORABLE CAtherine Pilon, J.C.Q. ______________________________________________________________________ TRAVIS BOYCE Plaintiff v.

JACQUELINE REDHEAD -and- NANCY LOPEZ Defendants ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff claims $5,000 from the Defendants for having, in his view, falsely accused him of death threats.

Context [ 2 ] The Defendants, mother and daughter, are downstairs neighbours to the Plaintiff’s girlfriend. [ 3 ] On the morning of June 22, 2018, an incident occurred where noise was made by the Plaintiff in the apartment upstairs. [ 4 ] The Defendant Nancy Lopez went up to ask the Plaintiff to be quiet. [ 5 ] She testifies that he threatened through the door to shoot her mother and her. Her mother confirms that she also heard him making that threat. [ 6 ] The Defendants were scared and called the police which led to the Plaintiff being arrested. [ 7 ] He spent a night in jail and was released on bond.

He was eventually acquitted of the charges, but no trial was held. He denies having ever threatened the Defendants. Analysis [ 8 ] The Court is face with two contradictory versions of the events. According to the Plaintiff, he never threatened the Defendants. According to the Defendants, he threatened to kill them which justified alerting the police. [ 9 ] The Plaintiff had the burden of evidence pursuant to

article 2803 of the Civil Code of Quebec (“ CCQ ”) : 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 . [ 10 ] In accordance with

article 2804 CCQ, he had to show the Court that his version was more probable than the version of the Defendants : 2804 . Evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof . [ 11 ] The Plaintiff supports his version by the fact that he was acquitted.

However, this acquittal does not bind this Court. [ 12 ] In addition, no criminal hearing was conducted and the Defendants explained that they were advised that since the threats were made from behind the door, the identification of the Plaintiff would be difficult. [ 13 ] The Defendants chose not to pursue the matter, in particular because the Defendant Jacqueline Redhead felt she would suffer too much stress from testifying.

[ 14 ] No evidence was adduced by the Plaintiff that could lead this Court to consider his version of the events more probable and believable than the version of the Defendants. [ 15 ] As a result, the Plaintiff has not met his burden of proof. FOR THESE REASONS, THE COURT: [ 16 ] DISMISSES the Plaintiff’s claim against the Defendants; [ 17 ] CONDEMNS the Plaintiff to pay the Defendants the Court costs of $212. __________________________________ CATHERINE PILON, J.C.Q. Date of hearing : November 2, 2021