2014 QCCQ 4876, 2014 QCCQ 4876

Stokes c. Monsieur Fissure Foundation 2014 QCCQ 4876 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-32-021419-137 DATE: June 3, 2014 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN, J.C.Q. ______________________________________________________________________ ANDREW STOKES , […[, Ottawa (Ontario) […] Plaintiff v.

MONSIEUR FISSURE FOUNDATION , 299 chemin Industriel, Gatineau (Québec) J8R OC6 Defendant ______________________________________________________________________ JUDGMENT ( rendered orally and edited ) ______________________________________________________________________ INTRODUCTION [ 1 ] Mr. Stoke pursues Monsieur Fissure Foundation, for extra-contractual fault, who did not produce a contestation. The Court proceeds by default. QUESTION IN LITIGATION [ 2 ] Did Monsieur Fissure Foundation commit a fault, cause damages and does a link exist between the fault and the damages? FACTS [ 3 ] Mr.

Stoke pursues Monsieur Fissure Foundation for a fault committed under

Section 1457 of the Civil Code of Québec . 1457. Every person has a duty to abide by the rules of conduct incumbent on him, according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is liable for any injury he causes to another by such fault and is bound to make reparation for the injury, whether it be bodily, moral or material in nature.

He is also bound, in certain cases, to make reparation for injury caused to another by the act or fault of another person or by the act of things in his custody. [ 4 ] Also, the following Sections apply: 1463 . The principal is liable to reparation for injury caused by the fault of his agents and servants in the performance of their duties; nevertheless, he retains his recourses against them.

1465. A person entrusted with the custody of a thing is liable to reparation for injury resulting from the autonomous act of the thing, unless he proves that he is not at fault. [ 5 ] Mr. Stokes established that he was following the truck of Monsieur Fissure Foundation and that rocks were falling from its box and smashed the windshield of his car and broke it. The windshield was replaced by Speedy Glass who charged him $400. He also had to pay $40. to the City Hall of Ottawa to be sworn for his claim. The receipt was produced. [ 6 ] Mr. Stokes also took a video on his cellular phone.

The Tribunal looked at the video and he saw and heard rocks falling from the box of the truck of Monsieur Fissure Foundation. Mr. Stokes also took a picture of the side of the truck of Monsieur Fissure that shows the name and logo on the left door of the truck, on the passenger side. ANALYSIS [ 7 ] The Court concludes that Mr. Stokes demonstrated according to the balance of probability that Monsieur Fissure Foundation did commit a fault and did damages to the car of Mr. Stokes and that there is a link between the fault and the damages.

ON THOSE GROUNDS, THE COURT: ORDERS the defendant to pay the amount of $440. to the plaintiff with interests at the legal rate, plus the additional indemnity provided by

Section 1619 of the Civil Code of Québec and the interests starting at the date of the main letter, August 26, 2013, plus the judicial fees of $73.75. __________________________________ SERGE LAURIN, J.C.Q. Date of hearing: May 23, 2014