Brisard c. Art Fleming & Sons Enterprises 2014 QCCQ 2134 COURT OF QUEBEC « Small claims division » CANADA PROVINCE OF QUEBEC DISTRICT OF PONTIAC LOCALITÉ OF CAMPBELL'S BAY « Civil Division » N° : 555-32-000003-133 DATE : March 13, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN FAULLEM, J.C.Q. ______________________________________________________________________ Paul Brisard Plaintiff c.

Art Fleming & Sons Enterprises Defendant ______________________________________________________________________ JF 1075 JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims $ 132.98 to the Defendant for damages caused to its mailbox while plowing the Ch. du 5 Range at Isle- Aux-Allumettes on January 4, 2013. [ 2 ] The Defendant alleges that the mailbox had not been constructed properly nor had it been installed according to the norms provided by Canada Post. [ 3 ] The Defendant files, as exhibit D-1, Canada Post's Directives for the installation of a rural mailbox. [ 4 ] The directives state as follows.

« Its is important to respect the location of your rural mailbox as identified by the Canada Post's agent to ensure it is safe.

When possible, the mailbox must be installed at more than 228 cm (90 inches) of the white line or the side of the road, as the case might be, to facilitate snow removal. » [ 5 ] The Plaintiff's mailbox was installed at 76.8 inches from the white line. [ 6 ] Unfortunately it was the Defendant's employees who installed the mailbox at this precise location after having hit it a first time in 2011. [ 7 ] Even if the Defendant's employees re-installed the mailbox at the same location where it had been previously installed by the Plaintiff, the Defendant is still responsible for the damages caused in 2013, since they should have respected Canada Post's Directives, which were known to them at that time. [ 8 ] FOR THOSE REASONS, THE COURT: [ 9 ] CONDEMNS the Defendant to pay to the Plaintiff $132.98 with interest at the legal rate plus the additional indemnity stipulated in

section 1619 of the Civil Code of Québec , since January 24th, 2013, without judicial cost. __________________________________ JEAN FAULLEM, J.C.Q.

Hearing Date: December 12, 2013