2018 QCCQ 8908, 2018 QCCQ 8908

Shefler c. Zatylny 2018 QCCQ 8908 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-156080-170 DATE: November 12, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ CHARLES EDWARD SHEFLER Plaintiff v.

THOMAS ZATYLNY Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including the testimony of plaintiff, defendant, Maurice Verrelli and Vasilios Kolitsidas, as well as exhibits P-1 to P-12 and D-1 to D-7; [ 2 ] WHEREAS plaintiff alleges that a services contract intervened between himself and defendant, on August 16, 2016, at a food court, in the Montreal Trust building; [ 3 ] WHEREAS , according to plaintiff, defendant gave him a verbal mandate “to make something out of the International Drug Awareness Research Foundation” (hereafter IDARF), a non-profit organization, with which defendant was involved; [ 4 ] WHEREAS , according to plaintiff, defendant wanted him “to create an organization that would do something and have activity”; [ 5 ] WHEREAS , according to plaintiff, defendant undertook to “pay (him) millions”, at an hourly rate of $75.00; [ 6 ] WHEREAS defendant denies that either he or IDARF ever retained plaintiff’s services or agreed to pay him an hourly fee of $75.00; [ 7 ] WHEREAS , according to defendant, plaintiff became involved with IDARF “strictly as a volunteer”; [ 8 ] WHEREAS , in support of his allegations, plaintiff submitted a time record sheet (exhibit P-1), which contains various tasks which he allegedly carried out;

[ 9 ] WHEREAS defendant’s signature allegedly appears on exhibit P-1, which is a photocopy of the original, but defendant denies having signed same; [ 10 ] WHEREAS plaintiff never issued any invoices; [ 11 ] WHEREAS , furthermore, document P-1 states: “Deferred until money comes in from Lawson Associates or other significant sponsor.” [ 12 ] WHEREAS plaintiff had the burden of proof (arts. 2803 and 2804 of the Civil Code of Québec ); [ 13 ] WHEREAS plaintiff and defendant are of equal credibility; [ 14 ] WHEREAS the Court is unable to determine which of the parties is being truthful regarding defendant’s signature or the nature of their discussions; [ 15 ] WHEREAS , what is more, even if defendant signed the document, his obligation would have been conditional upon IDARF receiving “significant” financial sponsorship, that which never occurred (art. 1497 C.C.Q.); [ 16 ] WHEREAS , furthermore, most of the work and the time described in time sheet P-1, is contested by defendant (response, exhibit D-3); [ 17 ] WHEREAS , once again, the parties being of equal credibility, the Court is unable to determine where the truth lies; [ 18 ] WHEREAS , therefore, plaintiff did not meet his burden of proof; [1] WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application, each party paying its own costs. __________________________________ ELIANA MARENGO, J.C.Q.

Dates of hearings: January 8 and October 15, 2018