2017 QCCQ 6842, 2017 QCCQ 6842

D'Angelo c. McKensie 2017 QCCQ 6842 COURT OF QUEBEC « Small Claims Division » CANADA PROVINCE OF QUEBEC DISTRICT OF LAVAL TOWN OF LAVAL Civil Division No: 540-32-030208-167 DATE: May 19, 2017 ______________________________________________________________________ BY THE HONOURABLE YVAN NOLET, J.Q.C. ______________________________________________________________________ ENZA D’ANGELO Plaintiff v.

JOHN MCKENSIE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the absence of Defendant who was in default to contest the demand; [ 2 ] CONSIDERING the testimonial and documentary proof presented by the Plaintiff; [ 3 ] CONSIDERING that Plaintiff established that the Nespresso machine and the white leather sofa are her property; [ 4 ] CONSIDERING that Defendant refused to give back to the Plaintiff the Nespresso machine and the white leather sofa; [ 5 ] CONSIDERING that the Plaintiff has established at $4365.64 the value of those two items; [ 6 ] CONSIDERING the Court is convince that Plaintiff proved partly the points mentioned in his action; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS partly Plaintiff's action; [ 8 ] CONDEMNS Defendant to pay Plaintiff the amount of $4365.64 with interest at the rate of 5% per year and the additional indemnity provided by

article 1619 of the Civil Code of Quebec from the date of November 18, 2016, date of the letter of demand, with legal fees amounting to $185 . __________________________________ YVAN NOLET, J.Q.C. Date of hearing: May 19, 2017