2014 QCCQ 4872, 2014 QCCQ 4872
Opinion
Smith c. Côté 2014 QCCQ 4872 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-32-021218-133 DATE: June 4, 2014 ______________________________________________________________________ BY THE HONOURABLE JUGE SERGE LAURIN, J.C.Q. ______________________________________________________________________ ROBERT SMITH , […], Gatineau (Québec) […] Plaintiff v.
VINCENT CÔTÉ , […], Gatineau (Québec) […] Defendant ______________________________________________________________________ JUDGMENT (rendered orally and edited) ______________________________________________________________________ INTRODUCTION [ 1 ] Mr. Smith pursues Mr. Côté for two loans. Considering the default of Mr. Côté to contest the present claim and considering that Mr. Côté was served by a bailiff who gave the claim and the exhibits to Mrs Myriam St-Laurent on August 30th, 2013, the Court proceeds by default. QUESTION IN LITIGATION [ 2 ] Does Mr. Smith demonstrate that he made the two loans to Mr.
Côté, and was not reimbursed? FACTS AND ANALYSIS [ 3 ] Mr. Smith demonstrates that he lent to Mr. Côté an amount of $1,100 to pay his rent and another of $1,000 to purchase a ladder. [ 4 ] Mr. Smith also sent him a main letter to get reimbursed on May 1st, 2013, but Mr. Côté did not respond to the letter. [ 5 ] Considering all those evidences, the Tribunal grants the claim and order. ON THOSE GROUNDS, THE TRIBUNAL: ORDERS the defendant to pay the amount of $2,100 to the plaintiff with the interest at the legal rate, plus the additional indemnity stipulated in
Section 1619 of the Civil Code of Québec , since May 1st, 2013 the date of the main letter and the judicial fees of $105. __________________________________ SERGE LAURIN, J.C.Q.
Date of hearing: May 23, 2014
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