2016 QCCQ 9734, 2016 QCCQ 9734

Mati c. Arjan Atienza 2016 QCCQ 9734 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-146165-156 DATE: September 23, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ MARY-JEAN MATI Plaintiff/Cross-defendant v.

NINO ARJAN ATIENZA Defendant/Cross-plaintiff ______________________________________________________________________ JUDGMENT ______________________________________________________________________ This case was heard with case no. 500-32-146164-159. [ 1 ] In the present case, plaintiff is suing defendant for $12,839.82, alleging that she lent him various and varying amounts of money. In her claim, she alleges that the "debt was incurred on or about January 1, 2014".

At trial, she was unable to tell the Court when, how and how much she lent defendant. [ 2 ] The Court continued the hearing at a later date with a view to allow plaintiff to prepare better and provide the required supporting documentation. However, plaintiff did not attend the continuation of the hearing and gave no explanation therefor. [ 3 ] Defendant filed a cross-demand for $13,920.00 alleging that he, too, lent plaintiff money. The details and supporting documentation for his claim were also scarce.

Furthermore, some of the money was advanced by a third party, not defendant. [ 4 ] However, defendant admitted that, in the context of his relationship with plaintiff, with whom he lived at times, he did not expect to be reimbursed for the monies advanced. [ 5 ] In fact, when the parties were a couple, they mutually supported each other financially at different times, depending on who had money and who was where (in Canada or the Philippines). [ 6 ] It appears then that the monies which passed between the parties' hands did not constitute loans, but rather a mutual contribution to shared household and living expenses. [ 7 ] Neither plaintiff nor defendant proved their allegations of loans, by a preponderance of evidence, and both claims are therefore unfounded.

WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's claim; DISMISSES defendant's cross-demand; EACH PARTY paying her and his own legal costs.

__________________________________ ELIANA MARENGO, J.C.Q. Dates of hearings: March 7 and September 19, 2016