2017 QCCQ 6458, 2017 QCCQ 6458

Hosseini c. Ghanbarzadehgan 2017 QCCQ 6458 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-151420-165 DATE: May 18, 2017 ______________________________________________________________________ BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ MARIAM HOSSEINI Plaintiff v.

ALI GHANBARZADEHGAN Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On February 21, 2016, the parties agreed to a settlement of this case. [ 2 ] The settlement is as follows: The parties agree to a settlement of this case. Defendant Mr. Ali will remit to the judge 36 postdated cheques in the amount of 306.00 payable on the first of each month starting March 1, 2017 and thereafter for 35 months. These 36 cheques will be remitted to the judge on or before February 28, 2016. Mr.

Ali renounces to his counter-claim against Mrs. Mariam Hosseini. M. Ali agrees to respect the legal orders not to contact, nor talk or have any relation whatsoever with Mrs. Hosseini. All contacts concerning the execution of the present agreement will be made through the intervention of the judge. Upon completion of the payments (306$ x 36 = 11016$), the parties will give themselves a mutual release. In the event a cheque is not honoured by the bank, Mrs.

Hosseini will contact the undersigned and judgment will then be rendered for the balance of the debt plus interests and legal fees. [ 3 ] Plaintiff advised the Court that only 2 postdated cheques in the amount of $306.00 were cashed.

On May 1, 2017, Plaintiff deposited a third cheque for the same amount of $306.00 and said cheque was returned by the bank for insufficient funds. [ 4 ] Considering that Defendant Ali Ghanbarzadehgan failed to comply with the terms of the agreement; [ 5 ] Considering that the original amount of the debt was $11,016, the Court deducts from this amount $612. representing the sum of the 2 cheques cashed. The balance owed is now $10,404.

FOR THESE REASONS, THE COURT: GRANTS the claim of Mariam Hosseini; CONDEMNS Ali Ghanbarzadehgan to pay Mariam Hosseini the amount of $10,404. with interest at the legal rate plus the additional indemnity provided at

article 1619 of the Civil Code of the Province of Quebec as of the date of the institution of the legal proceedings on March 3, 2016; THE WHOLE with legal fees.

__________________________________ MARIE MICHELLE LAVIGNE, J.c.Q Date of hearing: February 21, 2017