2019 QCCQ 2036, 2019 QCCQ 2036

Pahwa c. Singh Lubana 2019 QCCQ 2036 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-704346-180 DATE: February 18, 2019 ______________________________________________________________________ PRESIDED BY THE HONOURABLE GILLES LAREAU, J.C.Q. ______________________________________________________________________ RAJEEV PAHWA Plaintiff v.

RASHPAL SINGH LUBANA Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] Rajeev Pahwa claims from Rashpal Singh Lubana the amount of $13,076.66 in order to recover funds that were loaned to him and for transport services that he provided for the benefit of Mr. Lubana.

This latter part of the claim is in the amount of $8,573.66. [ 2 ] Plaintiff also claims an additional amount of $4,500.00 for what he calls «loss of business opportunities» which he could have benefited had he invested the amounts that Defendant owed him and is in default thereof. [ 3 ] The last part of Plaintiff’s claim is ill-founded for two reasons. The first one, is lack of evidence regarding the alleged business opportunities. The second one, is in virtue of

section 1617 of the Civil code of Quebec which stipulates the damages which result from delay in the performance of an obligation to pay a sum of money consist of interest at the agreed rate or, in the absence of any agreement, at the legal rate. [ 4 ] Coming back to the first part of the claim, the evidence adduced in Court confirms the existence of a debt in the amount of $8,412.00.

In this regard, the evidence is overwhelmingly in favor of the Plaintiff. [ 5 ] In numerous emails exchanged between Plaintiff and Defendant, the latter frequently recognized owing said amount to Plaintiff and undertook to pay him within time spans that were never respected by him. [ 6 ] In an ultimate effort to settle this amicably, Plaintiff offered to reduce his claim to $6,500.00 but once again Defendant defaulted on his payment. [ 7 ] Today before the Court, Defendant raised issues that were not mentioned in his written Defence and that directly contradict some of the admissions that he had made in his emails. [ 8 ] For these reasons, Defendant’s position lacks credibility.

FOR THESE REASONS, THE COURT, RULES partially in favor if the plaintiff; CONDEMNS the Defendant Rashpal Singh Lubana to pay to Rajeev Pahwa the amount of $8,414.00 together with interest at the legal rate, plus the additional indemnity stipulated in

section 1619 of the Civil code of Quebec , from the date of the letter of demand namely, January 15, 2018; ALLOWS Rajeev Pahwa to withdraw the sum judicially deposited under receipt number 0409182 in the amount of $2,549.30 and to reduce this amount from the original sum of $8,414.00. The whole with judicial costs in the amount of $202.00. __________________________________ GILLES LAREAU, J.C.Q. Date of hearing: February 5, 2019