2019 QCCQ 4539, 2019 QCCQ 4539

J.K.-Estate of M.K. v. Computershare Investor Services 2019 QCCQ 4539 COURT OF QUEBEC « Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Division » N°: 500-32-154920-161 DATE: July 25 th , 2019 ______________________________________________________________________ PRESIDED BY THE HONOURABLE SYLVIE LACHAPELLE, J.C.Q. ______________________________________________________________________ J. K.-ESTATE OF M. K. Plaintiff v.

COMPUTERSHARE INVESTOR SERVICES (Société de Fiducie Computershare du Canada/Computershare Trust Company of Canada) Defendant -and- GEORGESON SHAREHOLDER COMMUNICATIONS CANADA INC. Impleaded Party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff Mr. J. K. " Mr. J. K. [1] " alleges that Mr. M. K. " Mr. M. K. " died on January 11, 2014 at age 93 after a very lengthy period of several years, or decades, during which he was totally and permanently incapacitated. [ 2 ] Mr. J.

K. adds that as the registered shareholder of both Rio Algom Ltd. " Rio Algom " and Westcoast Transmission Company Ltd. " Westcoast ", Mr. M. K. was legally entitled to receive dividends since 1972. [ 3 ] In August 14, 2014 Mr. J. K. requested the payment of all dividends held by Computershare Investor Services " Computershare " in respect of both Rio Algom and Westcoast. [ 4 ] According to Mr. J. K., Computershare would have paid $77.55 for the dividends held only in repect of Rio Algom [2] but failed to pay any amount in respect of Westcoast. [ 5 ] Mr. J.

K. alleges that the total amount of dividends still owing in respect of Rio Algom is amounting to $39.10 whereas it is of $1 942.46 for Westcoast. [ 6 ] Mr. J. K. alleges that on August 29, 2014, Georgeson Shareholder Comminications Canada Inc. " Georgeson " paid the Estate $139,20 in respect of its share holding in Rio Algom. [ 7 ] Referring to the 2002 Annual Report for Westcoast, Mr. J. K. alleges that Duke Energy acquired Westcoast and that the purchase price of the shares could be as much as $3,165 which should have been paid to Computershare. [ 8 ] Mr. J.

K. requests the Court to condemn Comptershare and Georgeson solidarily to pay all dividends: in respect of Westcoast $1,942.42 In respect of Rio Algom $39.10 In respect of Duke Energy acquisition price $3,165 [ 9 ] Comptershare and Georgeson contest that claim arguing that any and all monies that were due and owing to the Estate by Computershare have been paid by Computershare. The facts [ 10 ] Mr. Evel Dagust « Mr. Dagust », representative for Computershare testifies that he found according to the records that M. M.

K. who was the owner of the shares was paid $15 in 1972, (2 x $7.50) for the Westcoast share by Computershare. [ 11 ] According to Mr. Dagust, as Mr. M. K. was paid only in 1972 and no years after, it indicates there was no investment after 1972. [ 12 ] Since there is no evidence to what happened to Mr. M. K.’s shares and as there is no proof of certificate, Mr. Dagust assumed that they could have been sold. [ 13 ] Mr. Dagust precises that had the shares been maintained the company would have paid the dividends annually, and if it stopped,

it is because the investment ceased. [ 14 ] With respect to Rio Algom shares, dividends were continued to be paid out by Georgeson until the company ceased to pay dividend. Actually, on July 2001, a sum of $139.29 was paid to Mr. M. K. for the sale of six Rio Algom Ltd. shares. He never cashed that cheque. [ 15 ] A replacement cheque payable to the Estate of Mr. M.

K. was issued on August 29, 2014 and subsequently cashed. [ 16 ] In addition to these amounts on November 15, 2013, Computershare and Georgeson also paid $16.08 to the Quebec government from the Rio Algom account and a total of $7.50 from the Westcoast account pursuant to the Quebec Unclaimed Property Act. [ 17 ] Since there is a remaining amount of $7.50 in connection with Westcoast, Westcoast has prepared a cheque dated February 6, 2018 for same and sent it out to Mr. J. K. [ 18 ] Mr.

Dagust precises that once an amount is remitted to Revenu Quebec, any claim pertaining to that amount has to be made to Revenu Quebec. Judgment [ 19 ] Mr. J. K. case rests on the suppositions that Mr. M. K. was incapacitated as of several decades before his death. However, these propositions are completely without merit and are not supported by any evidence as more fully explained in Kuropatwa vs. Cummings Centre [3] . [ 20 ] Provision 2803 C.c.Q. reads as follows: 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. [ 21 ] Also, Mr. J. K. who has the burden of the proof did not succeed to establish the existence of the shares and that dividends should have been paid since 1972 to 2013. [ 22 ] Mr. J.

K. own analysis of the Annuel Report for Westcoast Transmission Company Ltd. and his accounting for the total amount of devidends still owing are self-maid evidence and are neither sufficient nor reliable. [ 23 ] Thus, the Court concludes that any and all monies that were due and owing to the Estate by Computershare and Georgeson have been paid with the exception of amounts escheated to the Quebec government. FOR THESE REASONS, THE COURT: DISMISSES Plaintiff’s claims; WITH COSTS of $252 for this contestation. __________________________________ SYLVIE LACHAPELLE, j.c.Q.

Date of hearing: May, 3 rd , 2018, October 16 th , 2018, January 21 st , 2019 and February 5 th , 2019