2015 QCCQ 14840, 2015 QCCQ 14840

Amex Bank of Canada c. Simitsakos 2015 QCCQ 14840 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Division » No: 500-22-219333-153 DATE: October 16, 2015 ______________________________________________________________________ BY THE HONOURABLE JUDGE MARK SHAMIE, J.C.Q. ______________________________________________________________________ AMEX BANK OF CANADA Plaintiff v.

CHRISTOS SIMITSAKOS and LA PREFERENCE Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Having studied the file, the proof and the exhibits in file, for the reasons given verbally, the Court renders judgment in the presence of the parties as follows: [ 2 ] CONSIDERING that Plaintiff claims $11 386,91 representing the balance due on a credit card account; [ 3 ] CONSIDERING that procedures have been suspended against La Preference in consequence of its bankruptcy; [ 4 ] CONSIDERING that Plaintiff did not establish by a sufficient proof that its claim is well-founded; FOR THESE REASONS, the Court: [ 5 ] DISMISSES Plaintiff’s motion; [ 6 ] THE WHOLE with costs. __________________________________ MARK SHAMIE, J.C.Q Me Mitchell Kahan Charness, Charness & Charness LLP Attorneys for the Plaintiff Me Simon Rainville Lapointe Rosenstein Marchand Melançon LLP Attorneys for the Defendant Date of hearing: October 16, 2015