2012 QCCQ 9367, 2012 QCCQ 9367

Josey (Épicerie Ancil Josey) c. Chenell 2012 QCCQ 9367 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF GASPÉ TOWN OF HAVRE-AUBERT Civil Division No: 115-32-000099-126 DATE: October 24, 2012 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU J.C.Q. PRESIDING ______________________________________________________________________ BRIAN JOSEY (ÉPICERIE ANCIL JOSEY) Plaintiff v.

LANCE CHENELL and EDNA MORRISON TUTORS OF DYLAN MORRISSON and ROBERT BRYMER and THERESA CHENELL TUTORS OF MARCUS BRYMER Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff is claiming from the defendants, jointly and solidarity, an amount of $4,541.76 for damages he suffered following a breaking and entry into his grocery store on or about August 4, 2011. [ 2 ] Plaintiff is the owner of Épicerie Ancil Josey , located on Entry Island.

In the early hours of August 4, 2011, while returning home from a weeding, the Plaintiff saw that the entry to the grocery store was forced. The door was broken. He called the police on the same day. Before the police arrival, Dylan Morrison went to see him and confessed that he did break the door and entered the grocery store. [ 3 ] Here is the ventilation of the Plaintiff's claim : - $687.51 the door he has to replace; - $1,701,93 stolen cigarettes; - $2,152,32 stolen beer. [ 4 ] Soon after these events, Plaintiff's brother and brother-in-law temporarily repaired his door.

He did not have the money to replace it. [ 5 ] In support of his claim for the cigarettes and the beer, the Plaintiff files several documents showing that from the beginning of June 2011 up to the end of July 2011, he paid for cigarettes an amount of $3,861.50.

For the same period, he sold cigarettes for $2,159.59, hence his claim for $1,701.93 on this head of damage. [ 6 ] As far as the head of damage on the stolen beer, his claim is also based on bills he files for the aforesaid time frame. [ 7 ] The defendants Lance Chenell and Edna Morrison ( Chenell and Morrison ) recognize that their son Dylan did break into the Plaintiff's store. However, Dylan only took 2 cases of beer, of 18 bottles each.

They are ready to pay for the door $687.51 and for the 2 cases of beer, even if they allege that they did not commit any fault with regard to the custody, supervision of education of their son. [ 8 ] Dylan was almost 17 years old on August 4, 2011. He was on his summer holiday. He is the second youngest of Chenell and Morrison 's four children. He is now in his 12 th grade, and intending to pursue his studies to become a welder. Summer of 2011 was the first summer he had no curfew.

He did not inform his parents whom he was hanging with, however the parents did not really have any motives to worry for his whereabouts : Dylan was a regular child. Also, Entry Island is quite isolated.

[ 9 ] Dylan confessed to his parents that he did break and entered into the Plaintiff's store. He was remorseful. He did confess, on the same day, to the police and gave them a self-inculpatory declaration. Extrajudicial sanctions were applied to him and he executed 30 hours of community services. [ 10 ] Dylan testified that he was with somebody else while breaking and entering.

However, Marcus Brymer had nothing to do with this breaking and entry, nor was he around when this happened. [ 11 ] Dylan denies that he stole anything more than the 2 cases of beer. [ 12 ] The Plaintiff has to prove the facts on which his claim is based. [ 13 ] Defendants have to prove that they did not commit any fault with regard to the custody, supervision or education of the minor. [ 14 ] In spite of this Court's sympathy, the Plaintiff did not prove that he is entitled to any amount for the cigarettes. Indeed, Dylan formally denies having stolen anything else except the 2 cases of beer.

The Plaintiff did not prove either that the cigarettes and beer damages occurred on August 4, 2011. [ 15 ] The Plaintiff is however entitled to an amount of 687,51 $ for his door, as well as to an amount for the installation of this door by a carpenter.

As the Plaintiff did not produce any evidence on these carpenter's fees, the Court arbitrarily determines that these fees are of $150. [ 16 ] Following defendants' Chenell and Morrison 's admission, he is also entitled to an amount of $48 for the 2 cases of beer. [ 17 ] Considering the defendants' Chenell and Morrison 's admissions here above, it is not necessary that the Court renders a judgment with regard to the fact if they did or not commit any fault with regard to the custody, supervision or education of Dylan. [ 18 ] The Plaintiff has failed to prove any damages whatsoever with regard to the Defendants Robert Brymer and Theresa Chenell.

THEREFORE THE COURT : [ 19 ] GRANTS partially the application; [ 20 ] CONDEMNS the defendants LANCE CHENELL and EDNA MORRISON to pay to the Plaintiff an amount of $885.51 plus interest at an annual rate of 5% plus the additional indemnity provided for by

section 1619 of the Civil Code of Quebec , starting May 9, 2012; [ 21 ] WITH COSTS OF $132; [ 22 ] REJECTS the application with regard to the defendants ROBERT BRYMER and THERESA CHENELL; [ 23 ] WITH NO COSTS, as these defendants did not file any contestation. _______________________ Hermina Popescu J.C.Q. Date of hearing: October 3, 2012