2016 QCCQ 9733, 2016 QCCQ 9733

Mati c. Atienza 2016 QCCQ 9733 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-146164-159 DATE: September 23, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ MARY-JEAN MATI Plaintiff v.

NINO ARJAN ATIENZA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ This case was heard with case no. 500-32-146165-156. [ 1 ] Plaintiff is suing defendant in damages.

She is claiming $10,000.00 for "physical and moral damages". [ 2 ] The parties were involved romantically and lived together sporadically between 2007 and 2013. [ 3 ] Plaintiff alleges that "during a dispute between the parties (on or around January 3, 2010), the defendant injured the plaintiff in her left arm". [ 4 ] She sent a demand letter to defendant, on February 23, 2015, alleging "une incapacité partielle permanente au bras", claiming $22,679.82, and filed her claim, on March 30, 2015. [ 5 ] Defendant denies the allegations.

According to him, he was not present when plaintiff slipped and hurt herself "outside", in January, 2010. [ 6 ] Defendant's mother also testified. She underlined that plaintiff was a jealous person and often harassed defendant either by phone or in person at her home where defendant sometimes lived. [ 7 ] Plaintiff did not file a medical expertise regarding the nature of her alleged injury, its probable cause or an assessment of the alleged resulting damages and the amount claimed. [ 8 ] The Court continued the hearing at a later date with a view to allow plaintiff to complete her evidence.

However, plaintiff did not attend the continuation of the hearing and offered no reason therefor. [ 9 ] Plaintiff had the burden of proof ( articles 2803 and 2804 of the Civil Code of Quebec ). [ 10 ] The Court found defendant and his mother to be credible witnesses; and the evidence presented by plaintiff was insufficient to prove either fault or damage by a preponderance of evidence. [ 11 ] What is more, plaintiff's claim is prescribed (art. 2925 C.C.Q .). WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's claim, without legal costs.

__________________________________ ELIANA MARENGO, J.C.Q. Dates of hearings: March 7 and September 19, 2016