2022 QCCQ 38, 2022 QCCQ 38

6838693 Canada inc. (Élite Mazda) c. Radut 2022 QCCQ 38 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-32-024359-181 DATE: January 6, 2022 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN, J.C.Q. ______________________________________________________________________ 6838693 CANADA INC. (ÉLITE MAZDA) Plaintiff v.

ALEXANDRO RADUT Defendant ______________________________________________________________________ JUDGMENT Given at the hearing and edited [1] ______________________________________________________________________ INTRODUCTION [ 1 ] 6838693 Canada Inc. trading business under the name of Élite Mazda sues Mr. Alexandro Radut for a loan and an “Attestation de remboursement de dette” signed by him. M. Radut did not file any contestation and is not present today. The Court taking note of his absence and proceed without him.

QUESTION IN LITIGATION [ 2 ] The Court has to decide if Élite Mazda demonstrated beyond the balance of probabilities all the elements of the burden of proof. FACTS [ 3 ] Mr. Radut was a former employee of Élite Mazda. He stole some goods from them and he also received advance on his pay. [ 4 ] On October 4, 2016, he signed a document named “Attestation de remboursement de dette” in which he agrees to refund the amount of $8,074.72. He did not refund that amount yet. [ 5 ] The Court concludes that Élite Mazda has fulfilled its burden of proof.

FOR THESE REASONS, THE COURT: [ 6 ] CONDEMN the defendant Alexandro Radut to pay to the plaintiff Élite Mazda, the sum of $8,074.72 , with the interest at the legal rate since January 17, 2018 and additional indemnity according to

section 1619 of the Civil Code of Quebec WITH THE JUDICIAL COSTS of $202 . __________________________________ SERGE LAURIN, J.C.Q. Date of hearing: January 6, 2022