2018 QCCQ 8853, 2018 QCCQ 8853

Muthiah c. Singh Klair 2018 QCCQ 8853 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-703402-174 DATE: November 12, 2018 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ SUVAANIY MUTHIAH Plaintiff v.

MOHANJIT SINGH KLAIR Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff is suing Defendant for the amount of $1,071.34 on the basis of an alleged unpaid loan of $889, plus interest. [ 2 ] In accordance with

Article 2862 of the Civil Code of Quebec , given that the alleged amount of the loan does not exceed $1,500, the contract of loan may be proven by testimony. [ 3 ] Plaintiff testified as to the circumstances which gave rise to the alleged loan.

She files as evidence bank statements [1] which support her allegations that the amounts totalling $889 were withdrawn from her bank account on March 22, 23, 24, 28 and 30, 2016. [ 4 ] On October 26, 2017, Plaintiff sent Defendant a Demand Letter [2] claiming the amount, plus interest. [ 5 ] Furthermore, Plaintiff files 25 pages of text messages exchanged between herself and the Defendant over the last two (2) years [3] . In these messages, Plaintiff regularly asks for the loan to be repaid. In reply, Defendant does not deny the existence or amount of the loan.

Instead, he indicates that he will be repaying the loan at a certain undetermined time. According to his text message replies, it is merely a question of logistics of actually meeting with Plaintiff in order to do so. [ 6 ] The Court has also listened to a recording of a telephone conversation on a CD filed into the Court Record [4] by Plaintiff.

In the recording, Defendant clearly admits to Plaintiff the existence of the loan, and that he has not paid it back. [ 7 ] Consequently, the overwhelming evidence establishes that Plaintiff loaned Defendant $889, and that Defendant never paid it back. [ 8 ] There was no agreement between the parties with regard to interest. As such interest is only payable from the date of the Demand Letter [5] . FOR THESE REASONS, THE COURT:

CONDEMNS Mohanjit Singh Klair to pay Suvaaniy Muthiah the amount of $889, with legal interest of 5% per year, plus the additional indemnity provided at

Article 1619 of the Civil Code of Quebec , starting from the date of the Demand Letter, namely October 26, 2017 [6] ; CONDEMNS Mohanjit Singh Klair to pay Suvaaniy Muthiah legal costs in the amount of $111.50 (Court Stamp Fee of $100 and registered mail of $11.50). __________________________________ Jeffrey Edwards, J.C.Q. Date of hearing: November 12, 2018