2023 QCCQ 9719, 2023 QCCQ 9719

Hitchman c. Leblanc 2023 QCCQ 9719 COURT OF QUÉBEC « small claims division » CANADA PROVINCE OF QUÉBEC DISTRICT OF TERREBONNE TOWN OF SAINT-JÉRÔME « Civil Division» N° : 700-32-036475-224 DATE : October 4th, 2023 BY THE HONOURABLE : CHANTALE MASSÉ, J.C.Q. MICHAEL HITCHMAN Plaintiff vs.

SANDRA LEBLANC Defendant JUDGMENT ( Rendered at the hearing [1] ) [ 1 ] WHEREAS Plaintif Michael Hitchman is suing Defendant Sandra Leblanc for $ 1,596.45 as the reimbursement of the price he paid to help her buy a new bed in 2020; [ 2 ] WHEREAS Defendant Leblanc has not answered Plaintiff’s Claim and has not attended the hearing of the case; [ 3 ] Following the testimony of Plaintiff Hitchman and the documents filed as exhibits; [ 4 ] CONSIDERING the uncontested proof made by Plaintiff Hitchman; [ 5 ] CONSIDERING that when Plaintiff Hitchman met Defendant Leblanc, she was unemployed and had no bed to sleep on; [ 6 ] CONSIDERING that in order to help her, Plaintiff Hitchman bought for Defendant Leblanc a bed, including a mattress, a base and some mattress protection, for which he paid $ 1,596.45 filed as exhibit P-1, an invoice from Dormez-vous ; [ 7 ] CONSIDERING that Plaintiff Hitchman has established that the said bed was delivered to Defendant Leblanc so that she could use it, as appears from the pictures of the said bed, filed as exhibit P-2 and P-3; [ 8 ] CONSIDERING that when Defendant Leblanc found a job at an hospital, were he was working, she agreed to reimburse to Plaintiff Hitchman the price he paid to buy the said bed; [ 9 ] CONSIDERING that Defendant Leblanc breached her undertaking and failed to reimburse the Plaintiff Hitchman for the price of the bed; [ 10 ] CONSIDERING that a person seeking to assert a right shall prove the facts on which his claim is based [2] ; [ 11 ] CONSIDERING that evidence is sufficient if it renders the existence of a fact more probable that its non-existence [3] ; [ 12 ] CONSIDERING that an obligation confers on the creditor the right to demand that the obligation be performed in full, properly and without delay [4] ; [ 13 ] CONSIDERING that if the debtor fails to perform his obligation without justification on his part and he is in default, the creditor may force specific performance of the said obligation [5] ; [ 14 ] CONSIDERING that Defendant Leblanc failed to reimburse the price of the bed to Plaintiff Hitchman; [ 15 ] CONSIDERING that the Court is satisfied that Plaintiff, Michael Hitchman, has met his burden of the proof, against Defendant Sandra Leblanc; THEREFORE, THE COURT : [ 16 ] CONDEMNS Defendant, Sandra Leblanc, to pay to Plaintiff, Michael Hitchman, $ 1,596.45 with interests calculated at the legal rate and the additional indemnity provided for in

article 1619 of the Civil code of Québec , as of November 11 th , 2022;

[ 17 ] CONDEMNS Defendant, Sandra Leblanc, to pay to Plaintiff, Michael Hitchman, the judiciary costs of $ 108 . __________________________________ CHANTALE MASSÉ, J.C.Q. Date OF HEARING : October 4th, 2023.