Amex Bank of Canada c. Brown 2012 QCCQ 12491 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL TOWN OF MONTRÉAL Civil Division No: 500-22-191998-122 DATE: November 5, 2012 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ AMEX BANK OF CANADA Plaintiff v.

MARK BROWN Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Considering that Plaintiff, Amex Bank of Canada, has sued Defendant Mark Brown for $14,770.60; [ 2 ] Considering that Plaintiff presented a motion to dismiss the oral defence, alleging its dilatory nature; [ 3 ] Considering that, for the reasons expressed verbally and recorded at the hearing, the “Motion to Dismiss Defence” was dismissed, with costs; [ 4 ] Considering that Defendant was not present at the hearing, which proceeded by default; [ 5 ] Considering that Defendant obtained a charge card from Plaintiff, in virtue of Plaintiff's Card Member Agreement; [ 6 ] Considering that in virtue of the said Agreement and the disclosure statement, Defendant agreed to pay interest at a rate of 25.99%, per annum; [ 7 ] Considering that Defendant, in his oral defence, submitted, amongst other reasons, that Plaintiff had refused to negotiate the payment (terms); [ 8 ] Considering that the Agreement sets out the possibility of Plaintiff accepting late or partial payments; [ 9 ] Considering the lack of evidence on the part of Defendant with regard to the allegations raised in his oral contestation, including that of Plaintiff's refusal to negotiate payment conditions; [ 10 ] Considering that Plaintiff has established that Defendant owes the sum of $14,770.60, resulting from his use of the above- mentioned charge card; FOR THESE REASONS, THE COURT: GRANTS Amex Bank of Canada’s motion to institute proceedings; CONDEMNS Mark Brown to pay Amex Bank of Canada $14,770.60 with interest at the rate of 25.99%, per annum, from the date of judgment;

THE WHOLE , with costs on the principal action. __________________________________ SUZANNE HANDMAN, J.C.Q. Me Francis Santoianni Charness & Charness Attorney for Plaintiff Mr. Mark Brown Personal appearance Date of hearing: October 18,2012