2011 QCCQ 982, 2011 QCCQ 982

Ajit c. Agostino 2011 QCCQ 982 JL3918 COUR DU QUÉBEC « Small Claims Division » CANADA PROVINCE OF QUÉBEC DISTRICT OF LONGUEUIL TOWN OF LONGUEUIL «Civil Division» N° : 505-32-025912-099 DATE : January 18 th , 2011 ______________________________________________________________________ BY THE HONOURABLE CLAUDE LAPORTE, J.C.Q. ______________________________________________________________________ SATPAL KAUR AJIT Plaintiff c.

FRANK AGOSTINO Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff Satpal Kaur Ajit claims from Defendant Frank Agostino the sum of 5 050,29 $ representing monies she lended him through the use of her credit cards, as well as a amount 400,00 $ in cash.

[ 2 ] Defendant pleads that he never used Plaintiff's credit cards and that whatever Plaintiff paid for him was a "gift". ISSUES [ 3 ] The Tribunal must decide whether the Defendant is indebted towards the Plaintiff and, if so, in what amount. FACTS [ 4 ] Plaintiff claims that she helped out the Defendant because he was a friend and needed help. [ 5 ] This is the reason why she agreed to pay with her own credit cards the renting of a truck as well as several unpaid parking tickets, fines and the like. The amounts she claims to have paid for Agostino or on his behalf are the following : (

a) Renting of a truck (Via Route 250,00 $) (

b) Renting of a truck (Via Route 236,12 $) (

c) Fine (372,00 $) (

d) Several fines (2 112,55 $) (

e) Telus (227,97 $) (

f) Fine (535,00 $) (

g) Fine (1 688,61 $) [ 6 ] She also lended him 400,00 $ in cash. [ 7 ] Other payments effected by the Defendant with Plaintiff's credit cards are as follows : (

a) Couche-tard 27,85 $ (

b) Couche-tard 20,00 $ [ 8 ] Defendant says that claims no 5 (

a) and 5 (

b) have been reimbursed. [ 9 ] He pretends to have "no idea" of what the claim for 372,00 $ is all about and, as for the balance of the claim, pleads that he never undertook to reimburse the amounts or that the Plaintiff made him a gift. [ 10 ] Luc Jaworski was given 2 800,00 $ by the Defendant for the Plaintiff who acknowledges having received same. ANALYSIS [ 11 ]

Article 2803 C.c.Q. provides as follows : «A person wishing to assert a right shall prove the facts on which his claim is based.

A person who alleges the nullity, modification or extinction of a right shall prove the facts on which he bases his allegation.» [ 12 ] Plaintiff has proven the essential elements of her claim : - Her evidence is well documented - Defendant has admitted that most, if not all, the payments have been made [ 13 ] It is safe to assume that in most cases when a person makes a payment for someone else, the latter becomes endebted to the former. [ 14 ] There are obvious exceptions : such is the case with natural obligations (a father paying for his son's meal; a person paying for his/her spouse's expenses etc.).

Such is clearly not the case in the present instance. [ 15 ] The balance owing to Plaintiff is 3 223,06 $. [ 16 ] The Defendant had the burden to prove that the payments were indeed gifts made to him by the Plaintiff. [ 17 ] Defendant has failed to prove the facts on which he bases his plea.

WHEREFORE, THE COURT : [ 18 ] GRANTS in part Plaintiff's action; [ 19 ] CONDEMNS Defendant Frank Agostino to pay Plaintiff Satpal Kaur Ajit the sum of 3 223,06 $ the whole together with interest at the legal rate plus the additional indemnity provided for in

Article 1619 of the Québec, civil code calculated from June 18 th , 2009. [ 20 ] THE WHOLE WITH COSTS. __________________________________ CLAUDE LAPORTE, J.C.Q.