Executive Summary: Key Legal and Evidentiary Issues

• Plaintiff sought $1,500 in damages over recurring internet outages, defective equipment, and an unreimbursed service interruption.
   
• Defendant maintained that every reported technical issue had been addressed and resolved, with follow-up confirmation from the client.
   
• Contractual terms of service limited the company's liability for connection losses, according to the defendant.
   
• Credits had reportedly already been issued to the plaintiff in connection with the outages.
   
• No evidence established fault on the part of the telecommunications company.
   
• Absence of the plaintiff from the hearing, alongside the lack of proven fault, supported dismissal of the claim.
   

Facts of the case

Felipe (identified as "Filipe" in the case caption) Aguiar Laureano brought a small claims action against CIK Télécom, seeking $1,500 in damages for persistent technical problems with his internet service, defective equipment, and a service interruption for which he was not reimbursed. He alleged contact with CIK Telecom's technical support on May 17, 2021 regarding a connection problem, and again by email on July 6, 2022 following a visit from a Vidéotron technician. He later called to cancel his service on September 14, 2022. CIK Telecom disputed the allegations, asserting that it had provided adequate technical support, resolved each reported outage, and followed up with the client until he confirmed the issue was fixed. The defendant also stated that credits had already been extended to the plaintiff for the outages. Notably, the plaintiff did not appear at the hearing, having informed the Tribunal that morning of his intention not to attend, and no representative of the defendant was present either.

Policy and legislative provisions at issue

The defendant relied on the terms of service in its contract with the plaintiff, which it stated limit the company's liability in the event of a loss of connection. The decision does not reproduce the specific contractual language, and the Tribunal's reasons as summarized do not analyze the clause in detail beyond noting its existence and effect.

Reasoning and analysis

The Tribunal accepted the defendant's account that the reported outages had been resolved through technical support follow-ups and that the plaintiff had confirmed the service was functioning after each intervention. It found that credits related to the outages had already been granted to the plaintiff. Regarding the additional damages claimed, the Tribunal held that, notwithstanding the plaintiff's understandable dissatisfaction, no fault on the part of CIK Telecom had been demonstrated. The Tribunal also addressed the defendant's account that the plaintiff had accused CIK Telecom and Vidéotron of intercepting his network to "steal his online work," characterizing such allegations, if made, as implausible.

Ruling and overall outcome

The Tribunal dismissed Mr. Aguiar Laureano's claim in its entirety, finding no fault established against CIK Telecom and noting that credits for the service outages had already been provided. CIK Telecom was the successful party. Each party was ordered to pay its own costs, and no monetary amount was awarded to either side.