2018 QCCQ 3821, 2018 QCCQ 3821

Haghighat c. Ville de Dollard-des-Ormeaux 2018 QCCQ 3821 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-701353-171 DATE: May 1, 2018 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.C.Q. ______________________________________________________________________ NEGAR HAGHIGHAT Plaintiff v.

VILLE DE DOLLARD-DES-ORMEAUX Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] Plaintiff is claiming from Defendant the sum of $3 323.23 in damages resulting from an incident that occurred on February 13, 2017. [ 2 ] More particularly, at that time, Plaintiff alleges that Defendant illegally tossed snow from the street to her property while clearing the street from the snow that had fallen previously. [ 3 ] CONSIDERING that Defendant, a municipality, is legally authorised to project snow that covers the public road onto adjoining private land [1] ; [ 4 ] CONSIDERING the Plaintiff has not established that Defendant’s employees acted negligently when they cleared the snow from the public street on which Plaintiff’s property is situated ; [ 5 ] CONSIDERING that Plaintiff has not established that Defendant has committed a fault rendering it liable for any of the damages claimed by her and for the reasons enunciated verbally at the hearing THE COURT : DISMISSES Plaintiff’s demand, with judicial costs. __________________________________ ARMANDO AZNAR, J.C.Q.

Date of hearing: May 1, 2018