Griffiths c. Baugh 2016 QCCQ 1074 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-145883-155 DATE: February 26, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ SHEREL GRIFFITHS Plaintiff v.

GAVIN BAUGH Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence (exhibits P-1 to P-17 and the testimony of plaintiff, of defendant and of Stephanie Parris); [ 2 ] WHEREAS plaintiff is suing defendant for monies which she lent him between June, 2013 and July, 2014; [ 3 ] WHEREAS defendant declared personal bankruptcy, on September 18 th , 2013, and was discharged therefrom, on July 24 th , 2015; [ 4 ] GIVEN defendant's admissions and numerous promises to pay (phone texts exhibit P-9 and his testimony); [ 5 ] WHEREAS the Court does not believe that defendant reimbursed the monies owed to plaintiff, as alleged by him at trial, as these allegations are inconsistent with the evidence; [ 6 ] WHEREAS plaintiff proved, by a preponderance of evidence, that she lent defendant a total of $14,184.95, between June 2013 and July 2014; [ 7 ] WHEREAS , however, plaintiff is not entitled to the reimbursement of sums advanced totalling $2,435.52 disbursed prior to bankruptcy, as they constitute claims provable ("Log of Money Owed" exhibit P-1 and Bankruptcy and Insolvency Act (R.S.C., 1985, c.

B-3 ); [ 8 ] WHEREAS defendant therefore owes plaintiff the sum of $11,749.43, in reimbursement of the loans made to him by plaintiff; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's claim in part;

SENTENCES defendant to play plaintiff the sum of $11,749.43, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of January 26, 2015, with judicial costs in the amount of $200.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: February 8 th , 2016