2015 QCCQ 6356, 2015 QCCQ 6356

Ratnam c. Dewage JQ0059 2015 QCCQ 6356 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division N°: 500-32-136758-135 DATE: February 25, 2015 ______________________________________________________________________ BY THE HONORABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ ANDERSON RATNAM Plaintiff c.

HEMELATHA AMUVALA DEWAGE and COOPÉRATIVE D’HABITATION DES ORMES DE GOYER Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the hourly wages owed to him following the work done to one of the apartments of the Coopérative d’Habitation des Ormes de Goyer ( Coop ). [ 2 ] The Coop denies owing anything to the Defendant as it did not hire him.

THE FACTS [ 3 ] The co-defendant, Hemelatha Amuvala Dewage, admits having hired the Plaintiff but denies owing him anything, as he did not fulfill the contract. [ 4 ] The Plaintiff states that he was hired by Ms Dewage to clean the apartment, dispose the trash and other items left in the apartment by the previous tenant, remove the wall paper, patch the holes and cracks in the wall and paint. [ 5 ] He said no agreement was concluded with respect to his wages, except that he was to be paid on an hourly basis, namely $14.00 an hour for the painting and $12.00 an hour for the other work. [ 6 ] After doing all of the work, he applied one coat of paint, as instructed by Ms.

Dewage, but he admits that the one coat of paint did not cover the red paint applied on the wall by the tenant. [ 7 ] The Plaintiff states that he worked from September 22 nd to October 6 th , 2012. On October 17 th , he remitted to the Defendant, Ms. Dewage, his invoice in the amount of $1,059.00 [1] . [ 8 ] The Defendant Dewage, admits that she receive two cheques from the Defendant, Coop, totalling $400.00, to do the cleaning of the apartment and remove the goods left by the tenant. It was up to her to decide to hire someone to help her and she retained the services of the Plaintiff. However, according to Ms.

Dewage, the work was to be completed within three days. [ 9 ] She adds that the Plaintiff started the work, but did not do a full day of work, therefore, what should have taken approximately three days, lasted more than three weeks. [ 10 ] Moreover, Ms. Dewage provides the Court with pictures taken of the apartment [2] , showing that the work was not done properly.

[ 11 ] Following this, the mandate was given to Ms. Linda Girouard, who did the work for a payment of $475.00. She mentions that when she arrived at the apartment, the previous color on the wall was clearly visible and many holes and cracks had not been repaired.

In fact, she says that she had to correct 104 holes and cracks through the apartment. [ 12 ] In accordance with articles 2803 and 2804 of the Civil Code of Quebec , a person asserting a right shall prove the facts on which his claim is based and the evidence is sufficient if it renders the existence of a fact more probable than its non-existence. [ 13 ] The Plaintiff makes many accusations regarding the Coop, its representative, Ms.

Eryna Diallo, and the Defendant Dewage, however, none of these accusations have been proven. [ 14 ] Having reviewed the pictures of the apartment, the Court can clearly see that the work was unfinished, which is also confirmed by the independent witness, Ms. Linda Girouard. FOR THESE REASONS, THE COURT : DISMISSES Plaintiff’s action; WITH COSTS , in the amount of $144.00 for the judicial stamp of the contestation of Coopérative d’Habitation Les Ormes de Goyer; The action is DISMISSED against Hemelatha Amuvala Dewage. __________________________________ DIANE QUENNEVILLE, J.C.Q.

Date of hearing: December 2 nd , 2014