2021 QCCQ 5684, 2021 QCCQ 5684

Turcot c. 9174346 Canada inc. (West Island Cardiovascular Clinic) 2021 QCCQ 5684 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Civil Division No: 500-32-159377-185 DATE: July 9, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ Daniel Turcot Plaintiff v. 9174346 Canada inc. (West Island Cardiovascular Clinic) Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Because his medical appointment was cancelled, Daniel Turcot initially claimed $15,000 from 9174346 Canada Inc, doing business under the name West Island Cardiovascular Clinic (the Clinic ), which he reduced to $1,500 following a management conference.

In his application, Mr. Turcot alleges that he was humiliated and threatened by the Clinic's staff so much so that he "Almost got arrested". As a result of these events, he alleges that he suffered from anxiety, depression, stress and embarrassment. [ 2 ] At the trial, Mr.

Turcot testified that he would have accepted the reimbursement of his cab expenses, in the amount of $60, if a representative of the Clinic had taken the trouble to call him back. [ 3 ] Yet, as the events unfolded on November 7, 2018, he sent a demand letter dated November 30, 2018 in which he claimed $15,000, without in any way specifying that he was claiming reimbursement for his travel expenses. [ 4 ] To succeed in his action, Mr.

Turcot must prove, by a preponderance of the evidence, the commission of a fault on the part of the Clinic's representatives, the resulting damages and a causal link between this alleged fault and his damages. [ 5 ] In its contestation, the Clinic's representative, Dr. Sunil Garg, explained that Mr. Turcot's November 7, 2018 appointment was cancelled as a result of Dr. Marie-Chantal Audelin's illness. [ 6 ] Also, Dr. Garg explained that in Mr. Turcot's file, no phone number appears, so he was notified of the cancellation of his appointment by email on November 2, 2018. Obviously, Mr.

Turcot did not take note of this email since he came to the Clinic on November 7, 2018. [ 7 ] One explanation for Mr. Turcot's non-receipt of this email is that he was in jail at the time the email was sent. [ 8 ] In any event, the preponderance of evidence demonstrates that the Clinic's representatives took all useful and necessary steps to notify Mr. Turcot of the cancellation of his November 7, 2018 appointment. No fault can be attributed to the Clinic in this regard. [ 9 ] Moreover, even if the Court had found that the Clinic was at fault, it would have dismissed Mr. Turcot's claim, which is clearly abusive.

This is particularly so since he initially claimed $15,000 in his formal notice of November 30, 2018 and in his application, which he later reduced to $1,500, without any explanation. [ 10 ] Despite this reduction, Mr. Turcot presents no evidence in support of his claim, other than two cab receipts of $30 each that bear no date. The Court would therefore not have accepted these receipts in support of any of Mr. Turcot's claims. [ 11 ] 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 application against 9174346 Canada inc. (West Island Cardiovascular Clinic); CONDEMNS Daniel Turcot’s to pay 9174346 Canada inc. (West Island Cardiovascular Clinic) $318 as legal costs.

__________________________________ Henri Richard, J.C.Q. Date of hearing: June 30, 2021