West Island Snow Removal Inc. c. Parasuco 2018 QCCQ 3424 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-154695-169 DATE: May 16, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ WEST ISLAND SNOW REMOVAL INC. Plaintiff v.

JOSEPH PARASUCO and AILEEN PARASUCO Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff is suing defendants for services allegedly rendered. [ 2 ] WHEREAS plaintiff had the burden of proof (arts. 2803 and 2804 of the Civil Code of Quebec ); [ 3 ] WHEREAS the preponderance of evidence adduced did not show that an agreement intervened between the parties on all the essential elements of the alleged contract (art. 1387 C.C.Q .); [ 4 ] WHEREAS , although plaintiff made a written offer to contract, to defendants, for snow removal services at their home (exhibit P-1), defendants did not sign said offer, and allegedly removed plaintiff’s pickets from their driveway; [ 5 ] WHEREAS plaintiff alleges that snow removal services were nonetheless rendered; [ 6 ] WHEREAS this is denied by defendants; [ 7 ] WHEREAS , furthermore, since defendants removed plaintiff’s pickets, the Court cannot conclude that they tacitly consented to the offer (art. 1386 C.C.Q .); [ 8 ] WHEREAS plaintiff did not fulfill its burden of proof; [ 9 ] WHEREAS , finally, defendants’ cross-demand is denied, as they did not pay the filing fee; and, in any case, defendants would not have been entitled to damages, as they did nothing to minimize them;

WHEREFORE THE COURT HEREBY: DISMISSES the claim and the cross-demand, each party paying its own legal costs. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: April 17, 2018