2013 QCCQ 12043, 2013 QCCQ 12043

Faraj c. Fido Solutions 2013 QCCQ 12043 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-129621-118 DATE: October 11, 2013 ______________________________________________________________________ PRESIDED BY THE HONOURABLE HENRI RICHARD, J.C.Q. ______________________________________________________________________ JOSEPH FARAJ Plaintiff v.

FIDO SOLUTIONS Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Joseph Faraj claims from Fido Solutions (“ Fido ”) $3,000 for “registered collection amount that was not correct as a result they destroyed my good financial standing (credit)”. [ 2 ] At the hearing, Mr Faraj alleges that the action from Fido’s representatives resulted in an “attack on my reputation”. [ 3 ] Articles 953 and 954 of the Code of Civil Procedure (“ C.C.P. ”) read as follows: “ 953.

The money claimed in an action involving a small claim, that is, (

a) a claim not exceeding $7,000, exclusive of interest, (

b) for a debt owed to a person, partnership or association in the name of and for the account of that person, partnership or association, to a tutor, a curator or a mandatary in the execution of a mandate given in anticipation of the mandator's incapacity or to any other administrator of the property of another, may only be recovered before the courts pursuant to this Book. The same applies to any action which seeks the dissolution, resiliation or cancellation of a contract where neither the value of the contract or, where applicable, the amount claimed exceeds $7,000.

A legal person, partnership or association may, as creditor, avail itself of the provisions of this Book only if, at all times during the 12- month period preceding the application, not more than five persons bound to it by contract of employment were under its direction or control. 954. This Book does not apply to actions arising from the lease of a dwelling or land referred to in

article 1892 of the Civil Code , to actions for the payment of support or to class actions. Nor does it apply to suits for slander or to actions for the recovery of a claim instituted by a person, partnership or association to whom the claim was assigned in return for payment.” [Emphasis added] [ 4 ] In application of

Article 954 C.C.P ., Mr Faraj cannot claim, in the Small Claims Division of this Court, any amount resulting of slander or attack on his reputation. [ 5 ] Finally, even if this Court had jurisdiction, no amount could be awarded to Mr Faraj due to the absence of evidence supporting any prejudice. [ 6 ] Consequently, the Court concludes that it does have any jurisdiction to hear the present file. Thus, Mr Faraj’s application must be dismissed, but exercising its discretion, the Court does not impose any costs. THEREFORE, the Court: DISMISSES Joseph Faraj’s application against Fido Solutions;

THE WHOLE , each party paying his or its own costs. __________________________________ Henri Richard, J.C.Q. Date of hearing: August 29, 2013