Zang c. Zong 2011 QCCQ 2833 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-120982-105 DATE: March 8, 2011 ______________________________________________________________________ BY THE HONOURABLE DANIEL DORTÉLUS ______________________________________________________________________ HANG ZANG Applicant v.

XU XIAN ZONG Respondent ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Applicant is claiming from the respondent the sum of 414,09 $ for services rendered in 2006. [ 2 ] Respondent is contesting the claim, contending that applicant made critical mistake by installing a 40 gallon hot water thank’s pan under a 60 gallon hot water thank. [ 3 ] The invoice sent to respondent is dated July 7, 2006, (exhibit D-2). [ 4 ] The applicant filed his claim before this Court on February 8, 2010. [ 5 ]

Article 977 of the Quebec code of civil procedure (C.c.p) [1] . provides that the judge sitting in Small Claims Court must advise the parties as to the substantive law. 977. The judge instructs the parties summarily as to the applicable rules of evidence and the procedure that appears appropriate. On the invitation of the judge, the parties state their allegations and call their witnesses. The judge examines the parties and the witnesses and gives them equitable and impartial assistance so as to render effective the substantive law and ensure that it is carried out. [ 6 ] Clearly, applicant’s claim was prescribed in July 2009, given that the three years prescription outlined in

section 2925 of the Quebec civil code [2] (C.C.Q.) is applicable in this case. [ 7 ] Because of the extinctive effect of prescription, the claim of applicant had not been validly introduced. [ 8 ] FOR THE ABOVE REASONS, THE COURT: [ 9 ] DISMISSES Applicant’s claim against the respondent. __________________________________ DANIEL DORTÉLUS, J.C.Q.

Date of hearing: February 21, 2011