2021 QCCQ 3311, 2021 QCCQ 3311

Huggins c. Crichton 2021 QCCQ 3311 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE DE QUÉBEC DISTRICT OF MONTRÉAL Civil Division N° : 500-32-159609-199 DATE : May 3, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ DAIL HUGGINS Plaintiff v.

BERNARD CRICHTON Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] In her original claim, Dail Huggins claims from Bernard Crichton $1,696.10, with interest at 36% per annum, from December 18, 2018, as reimbursement for a portion of a loan she takes out for his benefit.

At trial, Ms Huggins amends her claim to increase the amount to $3,494.43. [ 2 ] At his contestation, Mr Crichton objects to the claim because he receives no documentation from Ms Huggins in connection with this loan. [ 3 ] At trial, Mr Crichton acknowledges that he received $1,670.10 representing a portion of Ms. Huggins' loan from EasyFinancial.

Also, Mr Crichton acknowledges that he made payments to Ms Huggins in reimbursement of his portion of the loan and adds that Ms Huggins is ignoring some of his payments. [ 4 ] The only issue for the Court is to determine the balance owed by Mr Crichton to Ms Huggins in light of the payments he makes. [ 5 ] According to Ms Huggins, Mr Crichton reimburses her $575. [ 6 ] The documentary evidence shows that Mr Crichton gives Ms Huggins $975 as follows : - March 6, 2018 : $100 - March 15, 2018 : $75 - May 4, 2018 : $400 - July 27, 2018 : $400 [ 7 ] In her December 7, 2018 demand letter (P-3), Ms Huggins claims $1,696.10 from Mr Crichton.

But, as of July 2018, the capital amount of Mr Crichton's portion of the loan is $695.10, taking into account payments made. [ 8 ] At trial, Ms Huggins acknowledges that she may have omitted certain payments received from Mr Crichton. The documentary evidence confirms this statement. [ 9 ] Accordingly, given the interest rate of 36% per year, and the three year term of the loan in question, as of January 25, 2018, the Court finds that the balance owing by Mr Crichton is $695.10 rather than $1,696.10. Ms Huggins' amendment to increase her claim to $3,494.43 is therefore incomprehensible.

FOR THESE REASONS, THE COURT: GRANTS partially Dail Huggins’ claim against Bernard Crichton; CONDEMNS Bernard Crichton to pay Dail Huggins $695.10 with interest calculated at 36% per annum from December 18, 2018, the date of the P-3 demand letter, to January 14, 2021, the date the loan matures; CONDEMNS Bernard Crichton to pay Dail Huggins $103 as legal costs.

__________________________________ Henri Richard, J.C.Q. Date of hearing : April 20, 2021