2019 QCCQ 7565, 2019 QCCQ 7565

Vandunem c. Batsakis 2019 QCCQ 7565 JV0516 COURT OF QUÉBEC « Small Claims Division » CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL « Civil Chamber – Practice Division » N° : 500-32-157317-175 DATE : October 3, 2019 ______________________________________________________________________ PRESIDED BY THE HONOURABLE SUZANNE VADBONCOEUR, J.C.Q. ______________________________________________________________________ ADRIANO VANDUNEM Demandeur c.

AFRODITE BATSAKIS Défenderesse ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff is suing the Defendant in damages for the amount of 15 000$ following the racist words that the latter allegedly pronounced against him on several occasions. [ 2 ] The Defendant is the grandmother of the Plaintiff’s son, Jordan, now being 13 years old. [ 3 ] At this stage, the issue to be resolved is to determine, before hearing the merits of the case, who, of the Superior Court or of the Court of Québec, is the competent Court to hear this case. [ 4 ] The Court of Québec has the exclusive jurisdiction to hear a claim not exceeding 15 000$ in the Small Claims Division.

However, the Superior Court has the exclusive jurisdiction to hear family litigations. [ 5 ] In this case, the Superior Court was seized in 2015 with a motion to modify the Plaintiff’s access rights.

This motion was settled out of Court and the settlement convention was signed on April 20th, 2015 (P-5) by both parties and their attorneys. [ 6 ] As mentioned previously, the issue is to determine which Court has jurisdiction to hear the case. [ 7 ] Since the claim instituted by the Plaintiff is directed against his ex-mother-in-law (Jordan’s grandmother), and since it is a litigation that claims damages based on racism, the Court considers said litigation to be of a civil nature, and not a family matter. [ 8 ]

Section 35 of the Code of civil procédure defines the jurisdiction of the Court of Québec as follows : « 35. The Court of Québec has exclusive jurisdiction to hear and determine applications in which the value of the subject matter of the dispute or the amount claimed, including in lease resiliation matters, is less than $85,000, exclusive of interest; it also hears and determines applications ancillary to such an application, including those for the specific performance of a contractual obligation.

However, it does not have such jurisdiction in cases where jurisdiction is formally and exclusively assigned to another court or adjudicative body, or in family matters other than adoption. An application brought before the Court of Québec is no longer within the jurisdiction of that Court if a cross-application is made for an amount or value equal to or exceeding $85,000, or if an amendment to the application increases the amount claimed or the value of the subject matter of the dispute to $85,000 or more.

Conversely, the Court of Québec alone becomes competent to hear and determine an application brought before the Superior Court if the amount claimed or the value of the subject matter of the dispute falls below that amount. In either case, the record is transferred to the competent court if all parties agree or if the court so orders on its own initiative or on a party’s request. If two or more plaintiffs join together or are represented by the same person in the same judicial application, the Court of Québec has

jurisdiction if it would be competent to hear and determine each plaintiff’s application. » [ 9 ] As far as the jurisdiction of the Small Claims Court is concerned, here is what sections 536 and 537 C.c.p. say : « 536. An application for recovery of a claim not exceeding $15,000, excluding interest, is instituted under the rules of this Title if the plaintiff is acting in their own name and for their own account or is acting as administrator of the property of others, tutor or curator or under a protection mandate.

The same applies to an application seeking the resolution, resiliation or cancellation of a contract provided neither the value of the contract, nor the amount claimed, if any, exceeds $15,000. A legal person, a partnership or an association or another group not endowed with juridical personality cannot act as plaintiff under the rules of this Title unless a maximum of 10 persons bound to it by an employment contract were under its direction or control at any time during the 12-month period preceding the application. 537.

This Title does not apply to applications arising from the lease of a dwelling, applications for support or applications alleging defamation.

Nor does it apply to applications brought by a person, a partnership or an association or another group not endowed with juridical personality on the basis of a claim assigned to them in return for payment. » [ 10 ] This present litigation being a purely civil matter, the Small Claims Division of the Court of Québec has the exclusive jurisdiction to hear it. [ 11 ] This being so, the Coordination Team of the Civil Chamber will communicate with the parties to set the date of a case management conference in order to establish the rules related to the hearing that will ultimately be held.

FOR THESE REASONS, THE COURT : DECLARES that the litigation existing between Adriano Vandunem and Afrodite Bataskis in this file constitutes a civil litigation and is therefore of the exclusive jurisdiction of the Court of Québec, Small Claims Division. ______________________________ SUZANNE VADBONCOEUR, J.C.Q. Date of the hearing : October 1st, 2019 24 avril 2018