Kandasamy c. Alcalde 2017 QCCQ 3291 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-149726-152 DATE: April 11, 2017 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ BALASUBRAMANIAM KANDASAMY Plaintiff/cross-defendant v.

LIMUEL ALCALDE Defendant/cross-plaintiff ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence (testimony of Pirashanth Kandasamy, Limuel Alcalde, Emelita Bandoma-Cordez, Jimmy Medina, Alberto Bandoma and Carmelo Panopio; the written testimony of Benjamin Siya; exhibits P-1 to P-9 and D-1 to D-8); [ 2 ] WHEREAS plaintiff had the burden of proof (arts. 2803 and 2804 of the Civil Code of Quebec ); [ 3 ] WHEREAS , despite being afforded the chance to complete his proof, plaintiff did not prove the facts alleged in his claim; in fact, plaintiff, who was dully summoned and called, failed to appear for the continuation of the hearing; [ 4 ] WHEREAS there is not an iota of evidence that defendant damaged plaintiff’s property; [ 5 ] WHEREAS plaintiff’s claim is devoid of substance and is abusive; [ 6 ] WHEREAS , with regards to the cross-demand, defendant is entitled to the following damages, which were caused by plaintiff’s abusive behaviour on the property and his abusive proceedings herein: a) $25.28 for postal fees; b) $45.29 for the printing of pictures required for the hearing; c) $1,000.00 for the trouble and inconvenience and loss of enjoyment of life caused to defendant as a direct result of plaintiff’s abusive behaviour and proceedings; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's claim; GRANTS defendant’s cross-demand, in part; SENTENCES plaintiff to pay defendant the sum of $1,070.57, plus interest at the legal annual rate of 5% and the additional indemnity

provided for in

article 1619 of the Civil Code of Quebec , as of November 24, 2015 and legal costs in the amount of $164.25. __________________________________ ELIANA MARENGO, J.C.Q. Dates of hearings: November 15, 2016 and March 13, 2017