2021 QCCQ 5681, 2021 QCCQ 5681

Turcot c. Beauchamp 2021 QCCQ 5681 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Civil Division No: 500-32-158932-188 DATE: July 9, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ DANIEL TURCOT Plaintiff v.

JIM BEAUCHAMP Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Daniel Turcot is claiming $15,000 from Jim Beauchamp as a result of comments the latter wrote on Facebook about him. [ 2 ] At his request, he alleges: « Compensation oF $15000.00 For Lost Wages, Stress and DepressioN Retraction on Facebook oF False Allegations (it was still posted For a week aFter receiving miss-en Demeure) Public APPoloGY – Facebook, Gazette, Journal De MontreaL » (Textual reproduction) [ 3 ] Firstly, the Court has no jurisdiction to issue an injunction forcing Mr.

Beauchamp to issue an apology in various media. [ 4 ] Secondly, in his formal notice (P-2) of September 11, 2018, Mr. Turcot clearly indicates that he is taking action against Mr. Beauchamp "for defamation" since he accuses him of ruining his reputation. [ 5 ] The first paragraph of

article 537 the Civil Code of Procedure ( C.C.P. ) provides: “This Title does not apply to applications arising from the lease of a dwelling, applications for support or applications alleging defamation. […] ” [ 6 ] Despite Mr. Turcot's denials, it is clear that he is alleging defamation and damage to his reputation. [ 7 ] However, the Small Claims Division of the Court of Québec has no jurisdiction over claims alleging defamation. [ 8 ] For this reason alone, the Court concludes that Mr.

Turcot's claim is ill-founded in fact and in law, since it is introduced in the present Division. [ 9 ] Moreover, even if the Tribunal had jurisdiction, it would have dismissed Mr. Turcot's claim since he did not present any evidence to support his claim. [ 10 ] In essence, as appears from his notice of default (P-2), he is claiming $15,000 for loss of income as a professional musician. [ 11 ]

Article 1611 of the Civil Code of Quebec ( C.C.Q. ) provides: “The damages due to the creditor compensate for the amount of the loss he has sustained and the profit of which he has been deprived. Future injury which is certain and assessable is taken into account in awarding damages.“ [ 12 ] Consequently, in order to succeed in his action, Mr. Turcot had to establish a future harm that was certain and could be assessed. [ 13 ] Instead, the evidence shows that he is claiming a highly uncertain prejudice which he does not evaluate in any way.

[ 14 ] Furthermore, as for his allegations of stress and depression resulting from Mr. Beauchamp's Facebook comments about him, no evidence is presented to establish a direct link between this alleged fault of Mr. Beauchamp and the alleged damages suffered. [ 15 ] Furthermore, Mr. Beauchamp presents a cross-application in the amount of $15,000 as a result of Mr. Turcot's abusive claim, which results in inconvenience, loss of time and expenses. [ 16 ] However, Mr.

Beauchamp presents no evidence to justify the amount claimed in his cross-application. [ 17 ] Finally, the present case is one of a series of cases that the Court is hearing in which Mr. Turcot is the Plaintiff. In all of these cases, Mr. Turcot is claiming $15,000 from the Defendants for "stress, anxiety, depression and embarrassment" and never establishes the actual damages suffered. Instead, he makes vague, unsubstantiated allegations about his damages. The relevance of the judgment rendered on June 11, 2019 by Judge Céline Gervais, in Turcot v. Restaurants MH Inc. (Mc Donald's) [1] , which declares Mr.

Turcot a querulous litigant. Unfortunately, this judgment does not have retroactive effect for this file and all the others that the Court hears during four days in the week of June 28, 2021. FOR THESE REASONS, THE COURT: DISMISSES Daniel Turcot’s claim against Jim Beauchamp; DISMISSES Jim Beauchamp’s cross-application against Daniel Turcot; THE WHOLE , each party paying its own costs. __________________________________ Henri Richard, J.C.Q. Date of hearing: June 29, 2021