2017 QCCQ 2055, 2017 QCCQ 2055

Johnson c. Moneygram Payment Systems Canada 2017 QCCQ 2055 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF LONGUEUIL TOWN OF LONGUEUIL Civil Division No: 505-32-034029-158 DATE: January 18, 2017 ______________________________________________________________________ BY THE HONOURABLE VIRGILE BUFFONI ______________________________________________________________________ BOSEDE JOHNSON Plaintiff v. MONEYGRAM PAYMENT SYSTEMS CANADA, INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims from the Defendant the sum of $2,550 representing the amount she transferred to her brother in Nigeria by using the Defendant’s services. [ 2 ] The amount was not transferred to her brother nor remitted to the Plaintiff. [ 3 ] The Defendant alleges that it has respected every security measure to ensure the safe transfer of the amounts to the intended receiver. [ 4 ] The Defendant further alleges that it remitted the wire transfer of the funds to the intended receiver who presented a driver’s licence for identification purposes. [ 5 ] For the reasons given orally at the hearing and more particularly for the reason that there is no evidence that Defendant’s representative in Nigeria requested from the apparent intended receiver the “secret code”, or obtained it or noted it, before payment, thus violating Defendant’s own security measure; FOR THESE REASONS, THE COURT: [ 6 ] CONDEMNS the Defendant to pay to the Plaintiff the sum of $2,550 together with interest at the legal rate plus the additional indemnity mentioned in

article 1619 of the Civil Code of Quebec since June 8, 2014, date of payment, the whole with judicial costs. __________________________________ VIRGILE BUFFONI