2013 QCCQ 13911, 2013 QCCQ 13911

2013 QCCQ 13911 Ma c. Hamersley COURT OF QUEBEC «Small Claims Division»

CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-128069-111 DATE: November 20, 2013 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ ZHEN GUO MA Plaintiff vs LINDA HILLES HAMERSLEY and RÉJEAN GRENON and ME THYYA WAN, NOTARY Co-Defendants JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff, Zhen Guo Ma, claims from the co-Defendants, Linda Hilles Hamersley, Réjean Grenon and Me Thyya Wan, Notary the amount of $6,255.53, representing the special contribution paid, as owner of a condominium unit purchased from Defendant, Ms Hilles Hamersley. [ 2 ] The co-Defendants deny Plaintiff’s claim on the grounds that the Plaintiff knew about this special contribution prior to purchasing the condominium.

THE FACTS [ 3 ] The Plaintiff purchased a condominium unit at l’Estuaire Phase I, in Longueil, on June 30 th , 2010 [1] . [ 4 ] Defendant Ms Hilles Hamersley states that in May 2010, she received from the Syndicat des Copropriétaires an estimated budget following repairs to the building [2] . The provisional budget indicates her share to be $1,855.31. [ 5 ] Ms Hilles Hamersley had retained, Defendant Grenon, a real estate agent, to sell her property. When she received the notice from the Syndicat, she informed Mr. Grenon of the special contribution.

He advised her to wait until the final amount was known. [ 6 ] On May 27, 2010, she received a notice from the Board, again advising her that expenses will be incurred to repair the roof and that a special contribution would be collected [3] . [ 7 ] Subsequently, Ms Hilles Harmersley sent Exhibit D-2 to Defendant, Thyya Wan, Notary, retained by the Plaintiff. [ 8 ] Ms Hilles Hamersley indicates that she could not get in touch directly with the Plaintiff, however, she states that the Plaintiff was made aware of the special contribution prior to purchasing the condominium unit. [ 9 ] This is also confirmed by Mr.

Grenon. [ 10 ] When he was informed by Ms Hilles Hamersley of the amount to be paid, on June 7, 2010, he brought the documents to Notary Wan, in order that she advises the Plaintiff. [ 11 ] Notary Wan admits having received the information from both, Ms Hilles Hamersley and Mr. Grenon regarding the special contribution. She cannot specifically confirm when she advised the Plaintiff, but in her usual practice, she would have informed the Plaintiff prior to the Sales Agreement being signed. [ 12 ] In fact, Mr.

Grenon remembers the discussion between Ms Hilles Hamersley and the Plaintiff regarding the payment of a special contribution, when they attended at Notary Wan’s office to finalize the sale.

THE ANALYSIS [ 13 ] The Plaintiff did not convince the Court that he was unaware of a special contribution to be paid prior to purchasing the condominium unit. [ 14 ] The co-Defendants, Ms Hilles Hamersley, Mr. Grenon and Me Thyya Wan have convinced the Court that the Plaintiff, Mr. Ma, was aware of this special contribution prior to the sale. [ 15 ] In accordance with Articles 2803 of the Civil Code of Quebec , the Plaintiff had the burden of proving the facts on which his claim is based. He did not succeed in his claim.

FOR THESE REASONS, THE COURT: DISMISSES Plaintiff’s action; WITH COSTS , in the amount of $156, representing the judicial stamps of the contestations of Defendant, Linda Hilles Hamersley; WITH COSTS , in the amount of $118, representing the judicial stamp of the contestation of Defendant, Réjean Grenon; WITH COSTS , in the amount of $118, representing the judicial stamp of the contestation of Defendant, Me Thyya Wan. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: October 28, 2013