2021 QCCQ 5212, 2021 QCCQ 5212

Trio Construction inc. c. Englander (Royal European Investments) 2021 QCCQ 5212 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Civil Division No: 500-32-707786-192 DATE: June 22, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ TRIO CONSTRUCTION INC. Plaintiff v.

MOSHE ENGLANDER (ROYAL EUROPEAN INVESTMENTS) Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Trio Construction Inc. ( Trio ) claims from Moshe Englander, doing business as Royal European Investments, a contractual balance of $2,099 with interest for pouring a concrete slab. [ 2 ] In his contestation, Mr Englander pleads principally that he is not the owner of the building where the work is performed, so that there is no legal relationship with Trio. [ 3 ] The only issue to be determined by the Court, therefore, is whether Trio is claiming the contractual balance of its work from the right person. [ 4 ] In support of his contestation, Mr Englander produces a May 26, 2017 invoice from Trio bearing the number 20121093 addressed to “Cour du Jardin”. [ 5 ] For its part, in support of its application, Trio produced the invoice P-2 bearing the same date and number, but this time addressed to “Royal European Investments”. [ 6 ] At the trial, Trio's representative, Mr Luigi Mosca, testified that Mr Englander is the manager of the building where the work was performed and, therefore, that he is the person who gave the work. [ 7 ] In civil matters, the burden of proof is on Plaintiff’s shoulders 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.” [ 8 ] The Court decides on the balance of probabilities, pursuant to

article 2804 C.C.Q., which states that “Evidence is sufficient if it renders the existence of a fact more probable than its non-existence.” In other words, the Court must determine what is more probable and plausible, rather than improbable and implausible. [ 9 ] After analysis of the evidence presented, it appears that the building where the work was performed belongs to Garden Court Properties Inc. (Immeubles Cour du Jardin inc.), of which Mr Englander is one of the shareholders and directors. [ 10 ] Although Mr.

Englander, through the name Royal European Investments, may have advertised to rent apartments in the building concerned, it is clear that he is not the contracting party with Trio in relation to the work for which it claims the contractual balance. [ 11 ] Moreover, Trio is aware that "Cour du Jardin" is the owner since it issues its first invoice in its name. [ 12 ] That being the case, the Court concludes that Trio is not directing its application against the right person since the contracting party to the intervening contract of enterprise is the owner of the building and not Mr Englander.

However, exercising its judicial discretion, the Court does not impose any costs. FOR THE REASONS, THE COURT: DISMISSES Trio Construction inc.’s claim against Moshe Englander (Royal European Investments), each party paying its own costs . Henri Richard, J.C.Q. Date of hearing: June 14, 2021