2012 QCCQ 1943, 2012 QCCQ 1943

Younge c.

Mark 2012 QCCQ 1943 COUR DU QUÉBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTRÉAL Civil Division N° : 500-32-125286-106 DATE : March 14, 2012 ______________________________________________________________________ presided By the Honourable sylvain coutlée ______________________________________________________________________ moreen younge Plaintiff v. diane mark Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims a refund for the amount of 2 700 $ from the Defendant, money that was lent to a certain Mr.

Glenroy Simmons who has passed away. [ 2 ] The Defendant makes a counter-claim for the amount of 1 119 $. As the liquidator and executor of the estate of Mr. Glenroy Simmons, the Defendant contests the merits of this action and asserts that she must follow the instructions stipulated by Mr. Glenroy Simmons in his will dated May 13, 2009. The Defendant adds that the alledged loan is not stated in the will and up until now, the Plaintiff has not produced a signed and dated I.O.U. from Mr.

Simmons for said amount. [ 3 ] Considering the parties testimony; [ 4 ] Considering that the Plaintiff did not meet her burden of proof; [ 5 ] Considering that the Defendant withdraws his counter-claim; For these reasons, the court : dismisses the demand; The whole with costs. __________________________________ SYLVAIN COUTLÉE, J.C.Q. Date of hearing : February 20, 2012