Valente c. Sound Philosophy 2011 QCCQ 7017 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-111879-088 DATE: May 18, 2011 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ GIUSEPPE VALENTE, […], Montreal North (Quebec) […] Plaintiff v.

SOUND PHILOSOPHY and CEDRIC SALCEDO, […], Dollard-des-Ormeaux (Quebec) […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS plaintiff had the burden of proof (arts. 2803 and 2804 of the Civil Code of Quebec ); [ 3 ] WHEREAS plaintiff did not prove the facts alleged in his application, by a preponderance of evidence; [ 4 ] WHEREAS plaintiff failed to prove that a contract for services intervened between the parties; [ 5 ] WHEREAS, at trial, plaintiff acknowledged that he offered to help defendants move and store speakers, as a favour; [ 6 ] WHEREAS, at trial, he admitted having declared, "For now, forget it.", with regards to fees, and also admitted that he "didn't know if (he) should charge or not"; [ 7 ] WHEREAS it is clear that there was no meeting of the minds as to the essential elements of the alleged agreement; [ 8 ] WHEREAS defendant Cedric Salcedo credibly denied any such agreement or debt towards plaintiff; [ 9 ] WHEREAS, according to Salcedo, over the years, the parties, members of the same church, provided numerous services and favours to one another, in a spirit of community and co-operation, as was the case herein; [ 10 ] WHEREAS defendants filed numerous statements in lieu of testimony, which corroborate their position; [ 11 ] WHEREAS plaintiff failed to meet his burden of proof; [ 12 ] WHEREAS, therefore, the Court cannot provide plaintiff with the recourse he is seeking; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's action, with costs. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: May 2, 2011