2015 QCCQ 8950, 2015 QCCQ 8950

Kabbabe c. Alko Transmission 2015 QCCQ 8950 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF LAVAL TOWN OF LAVAL Civil Division No: 540-32-027472-149 DATE: September 25, 2015 ______________________________________________________________________ BY THE HONOURABLE BENOIT SABOURIN, J.Q.C. ______________________________________________________________________ Edmon KABBABE Plaintiff v.

ALKO TRANSMISSION and STIMPSON LINVAL and Krikor MARDIROSSIAN Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Considering that the motion in revocation of the judgment rendered on July 20 th , 2015 is well founded. [ 2 ] Considering that the Plaintiff has the burden of the proof that his claim is well founded in fact and in law, according to sections 2803 and 2804 of the Civil code of Quebec . [ 3 ] Considering that both versions given by the parties are equally credible, the Court cannot choose one version as preponderant. [ 4 ] Considering that the Plaintiff has failed to establish, by preponderant proof, that his claim is well founded and for the reasons read in open court, THE COURT: REVOKED the judgment rendered on July 20 th , 2015.

DISMISSES Plaintiff’s action. THE WHOLE without cost. __________________________________ BENOIT SABOURIN, J.Q.C. Date of hearing: September 25, 2015