Wijegunaratna c. Namasivayam 2011 QCCQ 7020 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-114053-087 DATE: May 6, 2011 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ SAROJANI WIJEGUNARATNA, […], Mississauga (Ontario) […] Plaintiff v.

THURAISINGAM NAMASIVAYAM, […]., Laval (Quebec) […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including loan agreements and acknowledgments of indebtedness P-1 en liasse ; [ 2 ] WHEREAS plaintiff lent defendant $1,000.00, on April 1, 2006; $1,000.00, on May 6, 2006; $2,000.00, on September 4, 2006; as well as $10,000.00, on July 24, 2005; [ 3 ] WHEREAS the $10,000.00 loan was repaid by defendant; [ 4 ] WHEREAS, however, said loan did not specify the applicable rate of interest; [ 5 ] WHEREAS, with respect to the 3 other loans, the parties agree that there is a balance owing of $3,000.00 (exhibit D-1); [ 6 ] WHEREAS, at trial, defendant proposed terms and conditions of payment (art. 979 C.C.P.), namely monthly payments of $250.00; [ 7 ] WHEREAS plaintiff did not meet her burden of proof (arts. 2803 and 2804 of the Civil Code of Quebec ) with regards to the remainder of the claim; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's action, in part; CONDEMNS defendant to reimburse plaintiff the sum of $3,000.00, plus interest at the annual legal rate of 5 % and the additional indemnity provided for by art. 1619 of the Civil Code of Quebec , as of December 3, 2008; CONDEMNS defendant to pay plaintiff interest at the annual legal rate of 5 % and the additional indemnity provided for by art. 1619 C.C.Q., on the $10,000.00 loan, as of December 3, 2008; ORDERS defendant to pay plaintiff the above amounts, by monthly instalments of $500.00 each, payable on the 1 st day of each month, commencing July 1 st , 2011, until such time as the debt is acquitted in full (art. 986 C.C.P.); THE WHOLE with costs. __________________________________ ELIANA MARENGO, J.C.Q.

Dates of hearing: November 22, 2010 and May 2, 2011