2017 QCCQ 12806, 2017 QCCQ 12806

Okere c. Osuagwu 2017 QCCQ 12806 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-153535-168 DATE: November 2, 2017 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ PEARL OKERE Plaintiff v.

JOHN OSUAGWU Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including the testimony of plaintiff, Mariam Sammuel, Jeff N.

Ude, Takasod Innocent Takawira, Daniel Chijioke Amadi, Monday Woghiren, Victor Onyebuchi, Esosa Woghiren, Halimo Abdi and defendant, as well as exhibits P-1 to P-8; [ 2 ] WHEREAS , according to the preponderance of evidence, a verbal services contract intervened between the parties, in July, 2016; [ 3 ] WHEREAS defendant undertook to facilitate the obtention of visas for 5 of plaintiff’s relatives, in Nigeria, with a view to allow them to visit her in Canada; [ 4 ] WHEREAS defendant requested payment of his fees, in the amount of $18,500.00, before executing the mandate; [ 5 ] WHEREAS plaintiff paid defendant said sum, in 3 respective installments of $8,000.00, $8,000.00 and $2,500.00, on 3 separate dates, shortly after the contract was concluded; [ 6 ] WHEREAS it appears from the preponderance of evidence, that defendant took plaintiff’s money under false pretenses, as he never executed the mandate; [ 7 ] WHEREAS plaintiff asked defendant for the reimbursement of the monies she paid him, on numerous occasions, over a period of time; [ 8 ] WHEREAS according to several witnesses (plaintiff, Takawira, Woghiren and Sammuel), defendant promised to reimburse plaintiff; [ 9 ] WHEREAS , however, defendant only reimbursed plaintiff the sum of $2,000.00; [ 10 ] GIVEN articles 1457 and 2098 ff. of the Civil Code of Quebec ; [ 11 ] WHEREAS plaintiff proved all of the facts alleged in her claim, by a preponderance of evidence (arts. 2803 and 2804 C.

C. Q .); [ 12 ] WHEREAS , with regards to the issue of prescription, the Court finds that plaintiff’s claim is not prescribed, as defendant made several promises to pay between 2013 and 2015, the last one having been made at a “picnic” in July, 2015; [ 13 ] GIVEN arts. 2898 and 2925 C.C.Q., the claim is not prescribed; [1] WHEREFORE THE COURT HEREBY: GRANTS plaintiff's claim; SENTENCES defendant to pay plaintiff the sum of $15,000.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of April 8, 2015 and legal costs in the amount of $200.00.

__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: October 16, 2017