2018 QCCQ 4125, 2018 QCCQ 4125

Chadwick c. Liberty 2018 QCCQ 4125 COURT OF QUÉBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF GATINEAU TOWN OF GATINEAU «Civil Division» No: 550-32-700103-176 DATE: July 10, 2018 ______________________________________________________________________ THE HONOURABLE PIERRE BACHAND, J.C.Q. ______________________________________________________________________ JEAN CHADWICK Plaintiff v.

NATALIA LIBERTY Defendant ______________________________________________________________________ RECTIFIED JUDGMENT ______________________________________________________________________ There was a mistake in the file number. This is corrected by this judgment. [ 1 ] Jean Chadwick is claiming 5,000.00$ from her granddaughter Natalia Liberty, who has not filed any contestation and was absent at the hearing. [ 2 ] In June 2013, Ms. Chadwick paid 6,985.66$ with her credit card for the benefit of the defendant. The latter had undertaken to repay her by 75.00$ monthly instalments.

In September 2016, she had repaid 2,250.00$. The balance owing is 4,735.66$. The defendant is indebted for this amount. [ 3 ] The plaintiff is also claiming 264.34$ for troubles and inconveniences. This is not awarded.

Article 1617 C.c.Q. states: " 1617. Damages which result from delay in the performance of an obligation to pay a sum of money consist of interest at the agreed rate or, in the absence of any agreement, at the legal rate. The creditor is entitled to the damages from the date of default without having to prove that he has suffered any injury. A creditor may stipulate, however, that he will be entitled to additional damages, provided he justifies them." Paragraph 1 of this

article is mandatory; interests only can be granted here. WHEREFORE, THE COURT: [ 4 ] CONDEMNS defendant to pay to plaintiff the sum of 4,735.66$, with interests at the legal rate of 5% and the additional indemnity provided for in

article 1619 C.c.Q. , calculated from the date of the formal demand, dated October 3, 2016. [ 5 ] WITH legal costs in the amount of 100.00$.

__________________________________ Pierre Bachand, J.C.Q. Date of hearing: May 9, 2018