2013 QCCQ 7770, 2013 QCCQ 7770

Singh Gulia c.

Donnelly 2013 QCCQ 7770 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-126018-102 DATE: July 31, 2013 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ KAMAL KUMARI SINGH GULIA Plaintiff vs SHELLEY DONNELLY Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the reimbursement of the balance of loans, a security deposit and the advance rent, plus damages, totalling $6,447.80. [ 2 ] The Defendant denies the claim, stating that the loans were reimbursed either by payments or by deducting the rent.

THE FACTS [ 3 ] As of August 2007, the Plaintiff rents a room in Defendant’s house, for a monthly rent of $400. [ 4 ] The Plaintiff refers the Court to her monthly bank statements covering the period of August 2008 to May 2010, Exhibit P-2 en liasse. [ 5 ] The Plaintiff states that she granted several loans to the Defendant totalling $3,500 CAN plus $500 US, which converted from US to CAN, represents $547.80, making a total of $4,047.80.

To this amount, the Plaintiff adds $1,200 as security deposit, plus $400 as advance of rent. [ 6 ] In addition, the Plaintiff claims $2,000 in damages because she was expelled from her room in the middle of the night. She also states that while living with the Defendant, she did all the cleaning and generally cared for the house. [ 7 ] The Plaintiff provides to the Court an acknowledgement of debt signed by the Defendant, dated November 1, 2009, Exhibit P- 1 . [ 8 ] The Defendant does not deny having signed this acknowledgement of debt, in which she admits having received loans of $3,500 CAN and $500 US.

In this acknowledgement of debt, the Defendant deducts the rents for the months of September, October and November 2009, totalling $1,200 CAN, plus $200 paid cash. The Defendant acknowledges owing $2,847.80 CAN. [ 9 ] The Defendant also admits that between January and August 2010, the Plaintiff lent her an additional amount of $4,100. However, she deducts the rents of December 2009 to September 2010, totalling $4,000, leaving a balance of $100. Plaintiff admits the amounts. [ 10 ] The Defendant denies however, that the Plaintiff gave her a deposit of $1,200 for the rent.

She also denies that the Plaintiff was expelled from her room in the middle of the night or that she was the only taking care of the house. [ 11 ] The Defendant’s testimony regarding the cleaning of the house and the circumstances in which the Plaintiff left the premises, are confirmed by Mr. Basam El-Houssam. THE ANALYSIS [ 12 ] The Plaintiff has not demonstrated that a deposit of $1,200 was given to the Defendant. She also did not convince the Court that she was expelled from her room in the middle of the night, and that her claim for damages is justified.

[ 13 ] In light of the admissions made by both parties, the Court concludes that an amount of $2,947.80 is owed to the Plaintiff. FOR THESE REASONS, THE COURT : GRANTS in part Plaintiff’s action; CONDEMNS the Defendant to pay to the Plaintiff the amount of $2,947.80, plus interest at the legal rate and the additional indemnity provided by

article 1619 of the Civil Code of Quebec , as of November 18, 2010. WITH COSTS of $159 representing the judicial stamp of the Application. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: June 18, 2013