2015 QCCQ 13051, 2015 QCCQ 13051

Gaucher c. Royal Bank of Canada 2015 QCCQ 13051 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-142150-145 DATE: December 10, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ SHIRLEY GAUCHER Plaintiff v.

ROYAL BANK OF CANADA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including exhibits P-1 to P-8 and D-1 to D-9, as well as the testimony of plaintiff and defendant's representative Emmanuel Pierre; [ 2 ] WHEREAS plaintiff had the burden of proof ( articles 2803 and 2804 of the Civil Code of Quebec ); [ 3 ] WHEREAS there is no evidence that defendant committed a fault in this matter; [ 4 ] WHEREAS , according to the preponderance of evidence, defendant respected its contractual obligations towards plaintiff; [ 5 ] WHEREAS , at trial, defendant undertook to credit plaintiff's account (which is already closed), and have it "carry a zero balance"; [ 6 ] WHEREAS defendant also undertook to cease and desist from any further collection proceedings against plaintiff; [ 7 ] WHEREAS the Court takes cognizance of these undertakings and ORDERS defendant to abide thereby; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's action, without costs.

__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: November 27, 2015