2013 QCCQ 15976, 2013 QCCQ 15976
Opinion
Smolinski c. Fiore 2013 QCCQ 15976 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-22-202861-137 DATE: December 16, 2013 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.C.Q. ______________________________________________________________________ ELIZABETH SMOLINSKI Plaintiff v.
ROSETTA (ROSIE) FIORE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Whereas the Plaintiff claims from the Defendant the sum of $20,000.00 plus interest at the legal rate of 5% per annum since May 4, 2012, date of the acknowledgement of debt produced as Exhibit P-1; [ 2 ] Whereas the Defendant failed to repay said sum of $20,000.00 on its due date of December 4, 2012; [ 3 ] Whereas Plaintiff claims the additional indemnity provided by law as of the date of default of December 4, 2012; [ 4 ] Whereas the Court has examined the procedures, the proof and the affidavit for judgment; [ 5 ] Whereas the Court has seen the exhibits filed into the Court record, the Inscription for Judgment and Defendant’s Default to Contest the action; [ 6 ] Whereas the Plaintiff has proved its action for the sum of $20,000.00 plus interest at the legal rate of 5% per annum since May 4, 2012, plus the additional indemnity provided for by law as of December 4, 2012; [ 7 ] FOR THE FOREGOING REASONS, THE COURT: [ 8 ] GRANTS Plaintiff's action against Defendant; [ 9 ] CONDEMNS Defendant to pay Plaintiff the sum of $20,000.00 plus interest at the legal rate of 5% per annum since May 4, 2012, plus the additional indemnity provided for by law as of December 4, 2012; [ 10 ] THE WHOLE WITH COSTS. __________________________________ ARMANDO AZNAR, J.Q.C.
Me Kenneth R. Zigby Plaintiff attorney Me Norman Goldberg FRIDHANDLER & GOLDBERG Defendant attorney Date of hearing: December 10, 2013
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