2023 QCCQ 958, 2023 QCCQ 958

Singh v. Sanghera 2023 QCCQ 958 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division No: 500-32-162408-217 DATE: February 15, 2023 ______________________________________________________________________ PRESIDED BY THE HONORABLE CAtherine Pilon, J.C.Q. ______________________________________________________________________ MANAK PUNJAB SINGH Plaintiff v.

KAMALJEET SINGH SANGHERA -and- 8190321 CANADA INC. ( doing business under the name DARK HORSE EXPRESS) Defendants ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff is the shareholder of 9384-4710 Quebec Inc («Quebec Inc.») which operates a freight transport business.

The Plaintiff contends that he rendered trucking services for the benefit of the Defendants who are in default of payment, thus his claim for $1,148.50. [ 2 ] ln their contestation, the Defendants argue that all the claimed amounts have already been paid and submit a series of invoices from Quebec Inc. with proof of payment.

In their view, the services for which the instant claim is made were never rendered. [ 3 ] The Defendant Kamaljeet Singh Sanghera, the only director and shareholder of the Defendant 8190321 Canada Inc., states that on the last invoice received from Quebec Inc., dated November 20, 2020, appears the note "ALL CLEAR LAST PAY CHEQUE".

The evidence shows that this last invoice was duly paid to Quebec Inc. [ 4 ] ln light of this documentary evidence, the Court asked the Plaintiff to justify his claim, and also explain why the claim had not been brought in the name of Quebec Inc. [ 5 ] ln civil matters, the burden of proof rests with the Plaintiff in accordance with the principle provided in

article 2803 of the Civil Code of Québec ( C.C.Q. ), which states that "A person seeking to assert a right shall prove the facts on which his claim is based." [ 6 ] The Court must decide on the balance of probabilities, pursuant to

article 2804 C.C.Q., which states that "Evidence sufficient if it renders the existence of a fact more probable than its non-existence." ln other words, the Court must determine what is more probable and plausible, rather than improbable and implausible. [ 7 ] In this case, the Court must determine which version is more probable: that the Plaintiff rendered truck services which remain unpaid, or that the Plaintiff did not render these services and is therefore not entitled to payment. [ 8 ] The Plaintiff provided the Court with documents entitled "Driver's daily log / Registre journalier", in an attempt to show that services were rendered between November 30 and December 7, 2020.

He did not file any invoice sent to the Defendants as a result of these services, contrary to what was done in the past. [ 9 ] After analysis, the Court concludes that the Plaintiff did not discharge his burden of establishing, by a preponderance of evidence, the merits of his claim. [ 10 ] The Defendant has established that the invoice of November 20, 2020, is the last one it received from Quebec Inc. and that all invoices were paid. [ 11 ] Although the above is sufficient to dismiss the claim, the Court adds that in any event, the Plaintiff did not establish that he was personally entitled to payment given that it is Quebec Inc. that would have rendered the trucking services, nor has he shown why Mr.

Sanghera could have been held personally liable. FOR THESE REASONS, THE COURT: [ 12 ] DISMISSES the Plaintiff’s claim against the Defendants; [ 13 ] CONDEMNS the Plaintiff to pay to the Defendants the Court costs of $158.

_________________________ Catherine Pilon, J.C.Q. Date of hearing : February 15, 2023