2015 QCCQ 6254, 2015 QCCQ 6254

Dedam c. Gibson 2015 QCCQ 6254 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BONAVENTURE TOWN OF CARLETON-SUR-MER Civil Division No: 145-32-002088-140 DATE: June 10, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ ANTHONY DEDAM Plaintiff v.

JAIMIE GIBSON Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the sum of $ 520,00 as well as interest of $ 52,00 to the Defendant following cash loans, ranging from the period of October 23, 2013 to February 24, 2014. [ 2 ] At the hearing, the Defendant is absent, although duly called. [ 3 ] The Applicant explains that he lends to the Defendant sums of money, and that, on a few times.

The purpose of these loans is to provide assistance as he prepares to undergo therapy. [ 4 ] However, the Applicant is not able to give more details to clarify, to the Court, the link between the therapy and loans of money. [ 5 ] There is no signed agreement between the parties. [ 6 ] The Plaintiff is not able to establish the precise dates or times when the sums of money are loaned. [ 7 ] According to the Plaintiff's version, the Defendant agrees to repay these loans at its next social assistance benefit payment.

In fact, he does not respect this agreement, nevertheless; the Plaintiff continues to lend him amounts. [ 8 ] The Applicant establishes approximately and by memory the amounts owed. He has no documents or receipts that show the payments. [ 9 ] Articles 2803 and 2804 of the Civil code of Québec , (C.c.Q.) are applicable in this case, they read as follow: « Art. 2803. A person wishing to assert a right shall prove the facts on which his claim is based. A person who alleges the nullity, modification or extinction of a right shall prove the facts on which he bases his allegation. 2804.

Evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof. » [ 10 ] In civil law, the burden of proof is on Plaintiff’s shoulders in accordance with the principle provided for in

article 2803 by a preponderance of evidence, that its request his justified. He has not assumed its burden of proof. [ 11 ] After analyzing this case and the evidence adduced, the Court considers that the Plaintiff has not established , through preponderant evidence, that his claim is well-founded.

THEREFORE, the Court [ 12 ] DISMISSES Plaintiff's claim, without costs. __________________________________ CELESTINA ALMEIDA, J.C.Q. Date of hearing: June 1 st , 2015