2018 QCCQ 2049, 2018 QCCQ 2049

8775761 Canada inc. c. Hydro-Québec 2018 QCCQ 2049 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division No: 500-32-153007-168 DATE: March 6, 2018 ______________________________________________________________________ BY THE HONOURABLE Catherine pilon, J.C.Q. ______________________________________________________________________ 8775761Canada inc.

Plaintiff v. hydro-québec Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff claims 2,236.77 $ from Hydro-Québec as a result of a power failure which occurred at his restaurant on June 20, 2015 at 8 PM, and lasted until June 21, 2015 at 5 PM. [ 2 ] The Plaintiff was unable to operate its restaurant as result of this failure.

It claims for lost income on June 21, 2015. [ 3 ] The evidence shows that the power failure was unforeseeable and resulted from the perforation of an underground toggle switch which triggered an explosion. [ 4 ] Crews from the Defendant continuously worked to locate the source of the failure, which was complicated by the fact that the damaged toggle switch was underground. The repairs also required thermographic testing and the operation of a crane. A total of 81 residents of the sector were affected. [ 5 ]

Section 4.1 of Decision D-2008-028 of the Régie de l’Énergie Conditions de service d’électricité (“D-2008-028”), provides that Hydro-Québec cannot be held responsible for an interruption of service, unless it has been grossly negligent or has committed an intentional fault. [ 6 ]

Section 12.1 of D-2008-028, further provides that Hydro-Québec is bound to provide service to its customers under reserve of an emergency or a breach of equipment. [ 7 ] Pursuant to case law, Courts must apply the exclusion of liability provided in D-2008-028, unless there is gross negligent or intentional fault. [ 8 ] Case law also indicates that the Plaintiff has the burden of proving gross negligence or intentional fault. [ 9 ] The Court considers that the evidence adduced at the hearing does not prove gross negligence or intentional fault from Hydro- Québec: - The interruption of service was caused by a breach of equipment; - The interruption was unforeseeable; - Hydro-Québec crews began working to resolve the issue as soon as it occurred; - Hydro-Québec deployed its the best efforts to resolve the issue as quickly and as safely as possible. [ 10 ] The exclusion of liability of D-2008-028 is applicable and the claim must therefore be dismissed.

FOR THESE REASONS, THE COURT : DISMISSES the application of the Plaintiff against the Defendant; THE WHOLE without costs.

__________________________________ CATHERINE PILON, j.c.q. Date of hearing: March 6, 2018