2013 QCCQ 7232, 2013 QCCQ 7232

Banque Nationale du Canada c. Green 2013 QCCQ 7232 JQ 0059 COURT OF QUEBEC «Small Claims Division»

CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-22-194379-122 DATE: July 22, 2013 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ BANQUE NATIONALE DU CANADA Plaintiff vs MICHAEL GREEN and KAMILYA KARABEAVA Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff, Banque Nationale du Canada claims from the Defendants, Michael Green and Kamilya Karabeava, the balance of a line of credit granted to the Defendants in August 2004. [ 2 ] Defendant, Michael Green contests the claim on the grounds that he would never have received the monthly statements.

Defendant, Kamilya Karabeava did not testify at the hearing. THE FACTS [ 3 ] On August 30, 2004, a Line of Credit Agreement was signed by the Defendants, Exhibit P-1 . By this agreement, the Plaintiff granted to the Defendants a line of credit up to a maximum of $20,000, bearing interest at the prime rate, plus 2%. At the time, the prime rate was 3.75%. [ 4 ] In accordance with the instructions of Defendant Green, the monthly statements were addressed to the Defendant Karabeava who resides at [...], in Ville LaSalle.

THE ANALYSIS [ 5 ] During his testimony, Defendant Green mentions not remembering having asked the Plaintiff to send the monthly accounts to the Defendant Karabeava’s address. [ 6 ] He adds that Ms. Karabeava worked for him for approximately 20 years and that he never declared living on [...] Street. [ 7 ] Between December 2005 and May 2006, the line of credit was fully used.

In fact, on the statement of May 16, 2006, the balance owing was $20,081.07, Exhibit P-2 en liasse. [ 8 ] In May 2006, Defendant Green inscribed a legal notice in the Gazette Officielle du Québec stating he was the father of Adelina Karabeava, the daughter of the Defendant Karabeava, Exhibit P-4 In this legal notice, Defendant Green declares leaving at [...], in Ville

LaSalle. [ 9 ] As of June 2008, the line of credit was used practically to the maximum, with little fluctuation. [ 10 ] On April 10, 2012, a Demand Letter was sent to both Defendants, Exhibit P-3. [ 11 ] The Court concludes that the testimony of Defendant Green is not reliable and has no hesitation in concluding that Defendant Green was aware that the monthly statements were sent to Defendant Karabeava and that the line of credit was used up to a maximum for practically the whole period of December 2005 until the institution of the action by the Plaintiff. [ 12 ] As of March 2012, the prime rate charged by the Plaintiff was 4.75%.

FOR THESE REASONS, THE COURT : GRANTS Plaintiff’s action; CONDEMNS the Defendant solidarily to pay to Plaintiff the sum of $20,593.84, with interest at the legal rate of 6.75% per annum as of March 30, 2012; __________________________________ DIANE QUENNEVILLE, J.C.Q. Me Karine Lacombe-Joseph TREMBLAY AVOCATS INC. Lawyer for Plaintiff