r v. JOYCE ANDRECHUCK CAISSY, 2011 QCCQ 14181

Robinson c. Caissy 2011 QCCQ 14181 COURT OF QUÉBEC « Small Claims Division » CANADA PROVINCE OF QUÉBEC DISTRICT OF BONAVENTURE LOCALITY OF NEW CARLISLE « Civil Division » No. 105-32-001483-106 DATE: November 18, 2011 ______________________________________________________________________ PRESENT: THE HONOURABLE JEAN BÉCU, JUDGE OF THE COURT OF QUÉBEC. ______________________________________________________________________ ALLAN ROBINSON, Petitioner v.

JOYCE ANDRECHUCK CAISSY and HENRY SULLIVAN, Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Petitioner claims from Defendants an amount of 1 200 $ for a certain number of bales of hay they take on August 2, 2010 from a land he is authorized to farm by the owner, Camille Gignac. [ 2 ] Defendants make a contestation on the ground the hay was removed from the Defendant Joyce Andrechuck Caissy's property. [ 3 ] After a few postponements, this case is called for final hearing on November 15, 2011, at which time Mrs Andrechuck Caissy is informed of a defect in her title deed. [ 4 ] Despite this information, Defendants still maintain that the hay is not taken from Mr Gignac's land, but from a neighbour's where Petitioner has no farming rights. [ 5 ] The Court and the parties then move to the premises in Shigawake the same day. [ 6 ] After measurements made by Defendants, they find out that the hay is in fact removed from Mr Gignac's land and that it belongs to Petitioner. [ 7 ] According to the latter, approximately 400 bales of hay are taken by Defendants, at 3,00 $ a bale. [ 8 ] Defendants assert that they take roughly 315 bales ( 105 by trailer X three trailers ), cut by Petitioner but put in bales by Defendant Henry Sullivan.

In their opinion, each bale be worth 2,00 $. [ 9 ] As the parties' evaluation is approximate and the market value of a bale of hay is not fixed by an independent witness, the Court arbitrarily determines the claim on a basis of 350 bales at 2,50 $ each. FOR THESES REASONS, THE COURT : [ 10 ] ORDERS Defendants to pay Petitioner the amount of 875 $ in capital, plus the interests at the annual rate of 5 % and the additional indemnity provided for by

section 1619 of the Quebec civil Code as of the demand, August 9, 2010, and the judicial fees of 100 $.

__________________________________ JEAN BÉCU Judge of the Court of Québec Dates of hearings: January 18, June 20, August 24 and November 15, 2011