2018 QCCQ 1980, 2018 QCCQ 1980

Yuan c. Shahriari 2018 QCCQ 1980 COURT OF QUEBEC « Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Division » N° : 500-32-154561-163 DATE : March 26, 2018 ______________________________________________________________________ PRESIDED BY THE HONOURABLE SYLVIE LACHAPELLE, J.C.Q. ______________________________________________________________________ YOUXIN YUAN Plaintiff c.

PARVIZ SHAHRIARI Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff Youxin Yan is the widow and heir of the estate of Mr. Israel Cobasso who on December 1 st , 2012 lended to Defendant Mr.

Parviz Shahriari $10,000 USD to be reimbursed by December 1 st , 2013 with an annual interest of 12%, the whole as appears from the debt of loan (Exhibit P-1). [ 2 ] On December 1 st , 2013 Defendant has failed to pay the debt but between November 2015 to May 2016 he paid $500 USD per month for a total of $3,500 USD. [ 3 ] By letter of demand dated August 23 rd , 2016 Defendant was ordered to pay an amount of $11,673.22 USD (principal and interest) but Defendant failed to do so. [ 4 ] Defendant admits that he still owes that amount of money. [ 5 ] Considering that Plaintiff succeeded to establish that her claim is well-founded in law. [ 6 ] Considering the documentary evidence. [ 7 ] Considering that contrary to the mise en demeure and the calculation supplied the interest shall not be capitalized and that contrary to the mise en demeure the payments totalling $3,500 USD (three thousand five hundred USD) are to be applied first on the interests as of May 1 st , 2016 totaling $4,200 USD (four thousand two hundred USD) therefore leaving an outstanding balance at said date of $700 USD (seven hundred USD) of interests. [ 8 ] Considering that the capital is not repaid in anyway and remains $10,000 USD (ten thousand USD) as of February 1 st , 2018 and the interests at said date amount to $2,100 (two thousand one hundred USD). [ 9 ] Considering the average exchange rate USD-CAD on March 13, 2018 of 1.2928; FOR THESE REASONS, THE COURT: CONDEMNS Defendant to pay Plaintiff the amount of 13,000 CAD in capital with interest at 12% (twelve percent) calculated annually from this day; CONDEMNS Defendant to pay the interest arrears of $2,730.00 CAD; WITH COSTS .

__________________________________ SYLVIE LACHAPELLE, J.C.Q. Hearing Date: December 11 th , 2017