2015 QCCQ 13265, 2015 QCCQ 13265

Karaglanis c. Manolikakis 2015 QCCQ 13265 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division No: 500-32-144002-146 DATE: December 18, 2015 ______________________________________________________________________ PRÉSIDED BY THE HONOURABLE VINCENZO PIAZZA, J.C.Q. ______________________________________________________________________ george karaglanis Plaintiff v. george manolikakis Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr.

Manolikakis is the former employer and accountant of Mr. Karaglanis. Mr. Karaglanis alleges that Mr. Manolikakis forged his signature and made false statements in his income tax returns, which caused him damages in the amount of $6,900.00. [ 2 ] According to Mr. Karaglanis, this was done to advantage his mother, Mrs. Karaglanis. Mr. Karaglanis testifies that pursuant to the demise of the family-run restaurant in 2010 [1] , Mrs. Karaglanis and other relatives of his involved in the management of the restaurant had to file for bankruptcy. Mr. Karaglanis says that Mr. Manolikakis acted as Mrs.

Karaglanis’ prête-nom and bought the restaurant back from the bankruptcy for her. [ 3 ] Mr. Karaglanis says that in order to conceal Mrs. Karaglanis’ true income, Mr. Manolikakis made false statements in Mr. Karaglanis’ income tax returns, to show that Mrs. Karaglanis was only paying $500.00 per month for rent, when in fact, she was paying $1,200.00 per month. [ 4 ] Mrs. Karaglanis lives in a house which she has owned and lived in for a number of years with her late husband, before selling it to her son in April 2005 [2] . [ 5 ] Mr.

Karaglanis had an argument with his brother in 2013, which led to his being fired from the restaurant. He says that his mother then stopped paying the rent. [ 6 ] Mr. Karaglanis filed a motion at the Régie du logement to recover the unpaid rent and obtain the cancellation of his mother’s lease. [ 7 ] Since there was no written lease, the Régie du logement relied on Mr. Karaglanis’ tax returns and notices of assessment to establish that his mother was paying him $500.00 per month. [ 8 ] Mr.

Karaglanis contends that this caused him a loss of $700.00 per month for nine months, for a total of $6,300.00, to which he adds unspecified damages of $600.00. ANALYSIS AND DISCUSSION [ 9 ] Mr. Karaglanis admits that he was negligent, as he never verified his notices of assessment when he received them. This, in and of itself, is sufficient to dispose of his claim. [ 10 ] But there is more. If Mr.

Karaglanis’ theory were true, his tax returns and notices of assessment for 2005, 2006, 2007, 2008 and 2009 should show very clearly that he was receiving $1,200.00 per month from his mother at the time, as there was no reason for her, before her bankruptcy, to dissimulate her capacity to pay this rent. Mr. Karaglanis did not produce these tax returns and notices of assessment at the Régie du logement , nor before this Court. [ 11 ] If what Mr. Karaglanis says is true, his brother, his mother, her lawyer and Mr.

Manolikakis, to name but a few, are liars and fraudsters who all conspired amongst themselves to harm him. [ 12 ] The Civil Code of Québec states: 2849. Presumptions which are not established by law are left to the discretion of the court which shall take only serious, precise and concordant presumptions into consideration. [ 13 ] Mr. Karaglanis is making extremely serious accusations against Mr. Manolikakis, his mother, her attorney and other relatives, without any corroboration whatsoever. His entire proof consists in innuendos and insinuations and it is totally unsupported.

[ 14 ] This Court simply cannot lend any credence to his assertions. FOR THE FOREGOING REASONS, THE COURT: DISMISSES the action; WITH COSTS against George Karaglanis in the amount of $157.00. __________________________________ VINCENZO PIAZZA, j.c.q. Hearing date: December 15, 2015