2013 QCCQ 10605, 2013 QCCQ 10605

9155-5367 Québec inc. (Tabagie St-Jacques) c. The Words Movie (Montréal) Inc. 2013 QCCQ 10605 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-129175-115 DATE: September 5, 2013 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ 9155-5367 QUÉBEC INC. doing business as Tabagie St-Jacques 240, St-Jacques #100 Montréal (Québec) H2Y 2L9 Plaintiff v.

THE WORDS MOVIE (MONTRÉAL) INC. 1777 Carrie-Derick #210 Montréal (Québec) H3C 6G2 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Considering that Ibrahim Beydoun is claiming $800 from The Words Movie (Montreal) inc. (Words) for the inconvenience caused to his business during the filming of a movie close to his store on June 20 th 2011; [ 2 ] Considering that Defendant Words was duly convened to the hearing but no representative of the company appeared in Court; [ 3 ] Considering that Mr.

Beydoun alleges that he was advised by a Words’ representative that a block of St-Jacques Street where his store is situated would be closed for filming for a short period every hour; [ 4 ] Considering that filming began on June 20, 2011 at 6:00 a.m. and the police blocked the street intermittently, for filming purposes, beginning at 2:00 p.m.; [ 5 ] Considering that from 5:00 p.m. onwards the

section of St-Jacques Street where Mr. Beydoun’s store is situated was closed completely; [ 6 ] Considering that Mr. Beydoun’s business suffered as a result of the blockage; [ 7 ] Considering

article 1457 of the Civil code of Quebec which renders Words liable to repair any injury caused to another; [ 8 ] Considering that Mr. Beydoun received $220 for closing his lights for three minutes; [ 9 ] Considering that Mr.

Beydoun is seeking $800 plus tax, which includes $400 as added compensation, $200 for loss of time, $130 for moral damages and Court costs; [ 10 ] Considering that parties are not compensated for their time when instituting or defending an action and Court costs are granted when an action is upheld; [ 11 ] Considering that moral damages are only granted in cases of pain and suffering; [ 12 ] Considering that Mr. Beydoun has established that his allegations are founded but only up to the amount of $400; [ 13 ] Considering that Words provided no evidence in support of its defence;

FOR THESE REASONS, THE COURT: GRANTS , in part, Plaintiff’s action; CONDEMNS The Words Movie (Montreal) inc. to pay Tabagie St-Jacques $400 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil Code of Quebec since the institution of his action plus court costs of $118. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: August 30, 2013