Alozon c. Girgis 2022 QCCQ 2599 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-711080-202 DATE : May 11, 2022 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ NICOLAS ALOZON Plaintiff c.

JOHN GIRGIS and SHERRY MANSOUR Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ THE OUTLINE [ 1 ] The Plaintiff’s claim the sum of $4,300 representing the balance due for the work done at Defendant’s residence between July 8 and 19, 2019. [ 2 ] The Defendants contest the Plaintiff’s claim, insisting he was paid for the work done. THE ANALYSIS [ 3 ] Articles 2803 and 2804 of the Civil code of Québec provides: 2803 . A person seeking to assert a right shall prove the facts on which his claim is based.

A person who claims that a right is null, has been modified or is extinguished shall prove the facts on which he bases his claim. 2804 .

Evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof. [ 4 ] For the Plaintiff to succeed in his claim, he must put forward some evidence that can be qualified as sufficient, clear and convincing [1] . [ 5 ] The caselaw is consistent [2] and as reaffirmed that a person seeking a right has the obligation of providing evidence of a quality and a quantity necessary to convince the Court of his allegations. [ 6 ] In the present matter, no other such evidence was provided by the Plaintiff, except his testimony. [ 7 ] Although the Defendants did admit that the Plaintiff did work at their residence, a list of work was provided [3] , the Plaintiff failed to provide specific dates and time at which he accomplished this work or invoices. [ 8 ] Considering the lack of proof, the Court cannot grant Plaintiff’s claim.

FOR THESE REASONS, THE COURT: DISMISSES Plaintiff’s claim; WITH COSTS in the amount of 104$ representing the judicial stamp of the Contestation.

___________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing : April 13, 2022