2017 QCCQ 8882, 2017 QCCQ 8882

Ruano c. De Leon 2017 QCCQ 8882 C A N A D A COURT OF QUÉBEC PROVINCE OF QUEBEC Civil division DISTRICT OF MONTREAL Small claims Division N o : 500-32-153417-169 DATE: July 31 st , 2017 PRESENT: M e Vanessa O'Connell-Chrétien , special clerk Julita Ruano Plaintiff vs. Fely De Leon Defendant JUDGMENT [ 1 ] The Plaintiff claims the amount of $3,700.00 from the Defendant.

The Application states that she lent such amount to the Defendant but her testimony at the hearing revealed a much more complicated situation as she participated in a “Paluwagan” which was organized by the Defendant. [ 2 ] According to the Plaintiff explanations a Paluwangan is a “saving method” that is common in the Philipines. A group is formed and each week every participant of the group has to put a certain amount of money in the pot.

The amount has to be determined at the beginning of the Paluwagan as every participant has to deposit the same amount as the others each week for a predetermined number of weeks. Each week one participant of the group receives the total of the amount that has to be put in the pot.

This way, week after week each participant receives its part of the Paluwagan. [ 3 ] For instance, if A, B and C want to receive 300$ each in a 3 weeks delay, for a total “pot” of 900$, each participant of the Paluwagan needs to contribute 100$ each week so that A can receive 300$ the first week, B would receive 300$ the second week and C 300$ on the third and last week. The risk is always that some participants do not reach the last week of the predetermined schedule.

In this event, some participants would have received more than what there would have deposited in the pot and others deposited more than they would ever receive.

[ 4 ] This is what happened in the case on hand. The Plaintiff claims that she has deposited 100$ each week from September 7 th , 2014 until May 17 th , 2015 at which date the Paluwagan was stopped by the Defendant. 79 weeks were scheduled so that each week, one participant from the list, which was established by the Defendant, would receive $7,900.00.

The Defendant is the one who organized the Paluwagan and was responsible for the collection of the monies. [ 5 ] Since Plaintiff was number 53 on the list, she was scheduled to receive her $7,900.00 September 6 th , 2015. [ 6 ] The rules of the deposit applies to such case. Since the Defendant was the one in charge of the deposits and to restore them to the Plaintiff at a certain date Application will be granted in whole. [ 7 ] FOR THESE REASONS : [ 8 ] CONDEMNS the Defendant to pay the sum of $ 3,700.00 to the Plaintiff with interest at the legal rate of 5% per year and the additional indemnity provided by

article 1619 of the Civil Code of Que bec from the date of the present judgment and the court fees of $100.00. M e Vanessa O'Connell-Chrétien VOCC/ Special clerk JO 0333