Benjamin c. Rameau 2013 QCCQ 3101 COURT OF QUEBEC "Small Claims Division" CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N° : 500-32-122206-107 DATE : January 18, 2013 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ FENTON BENJAMIN Plaintiff v.

TATIANA RAMEAU Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS, at trial, plaintiff verbally amended the amount of his claim, from $7,000.00 to $3, 600.00; [ 2 ] GIVEN the evidence; [ 3 ] WHEREAS plaintiff's application reads as follows: "The cause of action is as follows: The facts associated with the first accusation before the case was returned to court and I was once again found not guilty." [ 4 ] WHEREAS plaintiff claims that defendant falsely accused him of harassment, in 2003; [ 5 ] WHEREAS , on December 15, 2006, plaintiff signed a recognizance to keep the peace in file no. 500-01-005392-052, involving defendant; [ 6 ] WHEREAS plaintiff had the burden of proof ( articles 2803 and 2804 of the Civil Code of Quebec ); [ 7 ] WHEREAS plaintiff did not prove that defendant committed any fault causing him injury (article 1457 C.C.Q. ); [ 8 ] WHEREAS , furthermore, plaintiff was unable to produce any evidence in support of his allegations with respect to damages for extrajudicial fees and loss of income.

WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application, with costs. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing : October 30, 2012