Dujic c. Groupe Conseil Pierda (Canada) inc. 2019 QCCQ 5419 COURT OF QUEBEC “Small Claims Division” CANADA PROVINCE OF QUEBEC DISTRICT OF GATINEAU LOCALITY OF GATINEAU “Civil Division” No.: 550-32-024365-188 DATE: July 26, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE PATSY BOUTHILLETTE, J.C.Q. ______________________________________________________________________ KOSTA DUJIC [...], Gatineau, Quebec [...] Plaintiff v.

GROUPE CONSEIL PIERDA (CANADA) INC. 204-110, de la Savane, Gatineau, Quebec J8T 5B9 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ OVERVIEW [ 1 ] The plaintiff claims the amount of $15,000 for work that the defendant, in its capacity of administrator of the building in question, failed to ensure was performed. [ 2 ] All of the facts alleged against the defendant took place in 2005–2006. [ 3 ] An action instituted more than three years after the appearance of the damage is prescribed pursuant to

article 2925 of the Civil Code of Québec . [ 4 ] The plaintiff did not establish any ground justifying the interruption of prescription. [ 5 ] For this reason only, the action must be dismissed. [ 6 ] Even if the action was not prescribed, the plaintiff did not establish, on a balance of probabilities, the damage he claims and the causal connection between such damage and the fault alleged against the defendant. [ 7 ] As for legal costs, the first paragraph of

article 340 of the Code of Civil Procedure states: 340. Legal costs are owed to the party that was successful, unless the court decides otherwise. [ 8 ] In this case, after having heard the plaintiff’s submissions, the Court finds that it is in a situation justifying a departure from the usual rule. FOR THESE REASONS, THE COURT: [ 9 ] DISMISSES the application; [ 10 ] EACH PARTY paying its own legal costs. __________________________________ PATSY BOUTHILLETTE, J.C.Q.

Date of hearing: June 25, 2019