2014 QCCQ 1483, 2014 QCCQ 1483

Powell c. Mc Intosh 2014 QCCQ 1483 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BEDFORD TOWN OF COWANSVILLE Civil Division No: 455-32-004085-139 DATE: February 11, 2014 ______________________________________________________________________ BY THE HONOURABLE SERGE CHAMPOUX, J.C.Q. ______________________________________________________________________ NICHOLAS POWELL Plaintiff v.

SHAWN MC INTOSH Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On October 15, 2012, the Plaintiff is claiming that he lent an amount of 4 600$ to his then best friend, the Defendant Mc Intosh. At the hearing, Shawn Mc Intosh is absent. [ 2 ] There was no contract signed nor any interest provided for. According to Nicholas Powell, the Defendant was supposed to reimburse him on a monthly basis, making payments of 150$ per month.

He never made any. [ 3 ] Being worried, the Plaintiff gave him a final chance, asking the reimbursement for the 30 th of March 2013. Again, he got nothing. [ 4 ] In fact, he hasn't spoke to the Defendant since that day. [ 5 ] As explained before, the Defendant was not present at his trial. He did file a defence, recognizing a debt, but saying it was only for 2 600$. Therefore, the existence of the debt is not in question, only its amount. [ 6 ] The amount of the loan is also proven by the testimony of the father of the Plaintiff who was present at the time.

The proof is also supported by the documents filed by the Plaintiff. FOR THESE REASONS, THE COURT: [ 7 ] GRANT the action. [ 8 ] CONDAMN the Defendant to pay to the Plaintiff an amount of 4 600$ with interest at the legal rate, plus the additional indemnity stipulated in

section 1619 of the Civil Code of Québec , since the date of the claim. [ 9 ] THE WHOLE WITH COSTS. __________________________________ Serge Champoux, J.C.Q.

Date of hearing: January 30, 2014