2011 QCCQ 15384, 2011 QCCQ 15384

Kurlonok (Services Repro Design) c. Services Polymère Easey Inc. 2011 QCCQ 15384 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-32-116557-093 DATE: October 17, 2011 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ BRIAN KURLONOK doing business under the firm and style name of LES SERVICES REPRO DESIGN Plaintiff v. SERVICES POLYMÈRE EASEY INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff is suing defendant, on account, for services rendered. [ 2 ] Plaintiff alleges that a verbal agreement for design and printing services intervened between the parties. [ 3 ] This is denied by defendant. [ 4 ] WHEREAS plaintiff had the burden of proof ( articles 2803 and 2804 Civil Code of Quebec ); [ 5 ] WHEREAS , during his testimony, plaintiff repeatedly admitted that the parties did not discuss or agree upon a price; [ 6 ] WHEREAS plaintiff also admitted that defendant did not accept the majority of his proposals with regards to content; [ 7 ] WHEREAS , under the circumstances, the evidence is clearly insufficient to prove formation of the alleged contract; [ 8 ] WHEREAS , indeed, plaintiff's proposals did not contain all of the essential elements thereof, namely price and content (articles 1385 ff.

C.C.Q.); [ 9 ] WHEREAS plaintiff did not meet his burden of proof; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's action, with costs. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: October 3, 2011