2016 QCCQ 16476, 2016 QCCQ 16476
Opinion
Dagenais c. McGlone 2016 QCCQ 16476 COURT OF QUÉBEC Small Claims CANADA PROVINCE OF QUÉBEC DISTRICT OF PONTIAC LOCALITY OF CAMPBELL’S BAY Civil Division No. 555-32-000035-168 DATE: December 21, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE PATSY BOUTHILLETTE J.C.Q. ______________________________________________________________________ ANNETTE DAGENAIS , […] , Chapeau (Québec) […] Plaintiff v.
JANET MCGLONE , […] , Mansfield-et-Pontefract (Québec) […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Annette Dagenais is claiming $11 110.83 from Janet McGlone for a loan that was not repaid. [ 2 ] Ms. McGlone argues that the recourse is prescribed and that the Court of Québec has no jurisdiction over it. [ 3 ] These two preliminary exceptions are dismissed. The defendant resides in the province of Québec, which is under the jurisdiction of the Court of Québec.
As for the prescription issue, the calculation must be made from the date on which the payment was due. According to the evidence, the date scheduled for the repayment was the date of payment by the insurance.
Hence, the case is not prescribed. [ 4 ] As for the amount claimed as a loan, the defendant admitted that it was $8088.15, except that she claimed she repaid $2250. [ 5 ] The Court does not accept the version of the defendant, who submitted no proof of repayment. [ 6 ] As for the other amounts claimed by the plaintiff for the attorney’s fees and interest, the Court does not award them. [ 7 ] There is no evidence as to an agreement concerning interest.
In that regard, the plaintiff will be entitled to interest at the legal rate. [ 8 ] As for the legal fees claimed, the Court does not believe it is appropriate to award them under the circumstances since the date scheduled for the repayment was open to debate. THEREFORE, THE COURT: ALLOWS the claim; CONDEMNS the defendant, Janet McGlone, to pay the plaintiff, Annette Dagenais, $8088.15, with interest at the legal rate, as of October 19, 2016. __________________________________ PATSY BOUTHILLETTE J.C.Q.
Date of hearing: December 12, 2016
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