2016 QCCQ 1426, 2016 QCCQ 1426

Miller c. Haboucha 2016 QCCQ 1426 COUR OF QUÉBEC «Small Claims Division» CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL « Civil Division »

N° : 500-32-097791-067 DATE : February 17, 2016 ______________________________________________________________________ BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ BRETT MILLER Plaintiff vs SOL HABOUCHA Defendant ______________________________________________________________________ REVISED JUDGMENT ______________________________________________________________________ [ 1 ] Considering that a Settlement out of Court had been reached during the hearing on January 19, 2016; [ 2 ] Considering that the Defendant Sol Haboucha has failed to comply with the terms of the Settlement out of Court; [ 3 ] Considering that the Defendant Sol Haboucha was advised that, should he fail to comply with the terms of the Settlement, judgment would be rendered according to the proof made; [ 4 ] Considering that the Defendant admitted owing the balance of $4,000.00 to the Plaintiff; [ 5 ] Considering that no proof was made to justify an annual interest of 60% on the amount due. [ 6 ] FOR THESE REASONS, THE COURT GRANTS the claim of the Plaintiff Brett Miller; CONDEMNS the Defendant Sol Haboucha to pay to the Plaintiff Brett Miller the amount of $4,000.00 with interests at the legal rate plus the additional indemnity provided at

article 1619 of the Civil Code of the Province of Quebec as of the date of the institution of the action on May 24, 2006; THE WHOLE with legal fees. __________________________________ MARIE MICHELLE LAVIGNE, J.C.Q. Date of Hearing : January 19, 2016