2019 QCCQ 1706, 2019 QCCQ 1706

Koenig c. Lévesque 2019 QCCQ 1706 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF PONTIAC TOWN OF CAMPBELL’S BAY Civil Division No: 555-32-700029-180 DATE: March 22, 2019 ______________________________________________________________________ BY THE HONOURABLE STÉPHANE D. TREMBLAY, J.C.Q. ______________________________________________________________________ RICHARD KOENIG Plaintiff v.

RICHARD LÉVESQUE And PATRICIA FENNEL-LÉVESQUE Defendants ______________________________________________________________________ JUDGMENT BY DEFAULT ______________________________________________________________________ [ 1 ] The Plaintiff, Richard Koenig, paid various bills for the defendant Patricia Fennell-Lévesque. The statement of claim does not provide much details about the nature of the bills paid by Mr. Koenig. This bears no consequence since Ms. Fennell-Lévesque signed an Ackowlegement of Amounts Owing [1] to Mr. Koenig. [ 2 ] On May 31, 2018, Ms.

Fennell-Lévesque signed the Acknowledgment of Debt by which she acknowledges a debt of 15 630.67 $ plus interest incurred on Mr. Koenig’s Visa [2] , adding that she pledges to repay this debt. However, the parties did not set a date for repayment. The contract reads as follows: All parties agree to above mentioned amount owing is accurate and will be paid at earliest convenience to be agreed upon a later date. [ 3 ] However, despite the fact that no term has been determined, the Court taking into account the nature of the obligations and the circumstances, namely the facts that Ms.

Fennell-Lévesque did not react to the letter of demand and has not made any payment since June 26, 2018, the Court considers that she loses the benefit of the term [3] . [ 4 ] According to the statement of claim, the defendant made partial payments totaling 2 019.17 $. This leaves an outstanding balance of payment of 13 611.50 $. Again, the statement of claim is short of details. It does not provide any details on when the partial payments would have been made.

Therefore, the Court will consider an interest at a rate of 6.7% on an amount of 13 611.50 $ from May 31, 2018 (the date of the Acknowledgment of Debt). [ 5 ] Finally, the Court notes that the Acknowledgment of Debt does not bear the signature of the co-defendant Richard Lévesque. There is no evidence provided by the Plaintiff that would make Mr. Lévesque liable for the obligations set out in this document. Moreover, the letter of demand dated August 29 2018, was not sent nor addressed to Mr. Lévesque. The letter of demand was only addressed to Ms. Fennell-Lévesque.

This led the Court to conclude that the claim against Mr. Lévesque should be dismissed. FOR THESE REASONS, THE COURT: GRANTS partially the Plaintiff’s Claim; CONDEMNS Patricia Fennell-Lévesque to pay the amount of 13 611.50 $ to Richard Koenig, the whole with interest at a rate of 6.7% from May 31, 2018; WITH the court cost of 202 $; Dismisses the Claim against Richard Lévesque. Without cost. __________________________________ STÉPHANE D. TREMBLAY, J.C.Q.