2016 QCCQ 3260, 2016 QCCQ 3260

Addo c. 9138-3752 Québec inc. (Ak-Pak Ricci) 2016 QCCQ 3260 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N°: 500-32-142323-148 DATE: April 25, 2016 ______________________________________________________________________ BY THE HONOURABLE VINCENZO PIAZZA, J.C.Q. ______________________________________________________________________ JONATHAN ADDO Plaintiff v. 9138-3752 QUÉBEC INC. (D.B.U.

AK-PAK RICCI) Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] In July 2011, Mr. Addo purchased 100 cases of bottled water and 800 cases of potato chips from the defendant (“Ricci”) for exportation to Ghana. Ricci delivered these cases to Mr. Addo on July 31, 2011. [ 2 ] Out of the 800 cases he had purchased, Mr. Addo only shipped 165 cases of potato chips to Ghana. He returned the remaining 635 cases to Ricci on August 3, 2011. He asks to be reimbursed for these 635 cases. [ 3 ] Mr.

Addo says that the reason why he returned these cases is that the chips would expire only seven months later, which does not provide a sufficient shelf-life for the product to sell. Mr. Addo testifies that the 165 cases that were shipped were refused by the Ghanaian customs for this reason. Mr. Addo states that Ricci’s representative accepted to take the remaining chips back but refused to refund more than 50% of the purchase price. [ 4 ] Ricci’s representative testifies that Mr.

Addo was well aware of the expiry date, as he was given wrapped samples of the product, which were marked with said date, and saw the 800 cases at Ricci’s warehouse in July 2011. He says that the expiry date argument is in fact a pretext, and that the real reason why Mr. Addo returned 635 of the 800 cases he had purchased is because there was not enough room in his shipping container. Finally, Ricci’s representative mentions that he never agreed to the return of the chips and that Mr.

Addo simply dropped the 635 cases in front of Ricci’s warehouse. [ 5 ] Articles 2803 and 2804 of the Civil Code of Québec read as follows: 2803. A person seeking to assert a right shall prove the facts on which his claim is based. A person who claims that a right is null, has been modified or is extinguished shall prove the facts on which he bases his claim. 2804.

Evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof. [ 6 ] Here, none of the parties’ respective versions is corroborated by documentary evidence or third-party testimony. It is therefore impossible to give more credence to Mr. Addo’s version than to Ricci’s. FOR THESE REASONS, THE COURT: DISMISSES the action; ORDERS Jonathan Addo to pay the Court fees of $206.00 to 9138-3752 Québec Inc . __________________________________ VINCENZO PIAZZA, j.c.q. Date of hearing: April 25, 2016