2011 QCCQ 11777, 2011 QCCQ 11777
Opinion
Canadian Association of People Helping People from the Philippines c. Cabais 2011 QCCQ 11777 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-116730-096 DATE: September 13, 2011 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DAVID L. CAMERON, J.C.Q. ______________________________________________________________________ CANADIAN ASSOCIATION OF PEOPLE HELPING PEOPLE FROM THE PHILIPPINES 4702-2 Queen Mary Road Montreal, Quebec H3W 1W8 Plaintiff vs.
PETRA BERNAS CABAIS […] Montreal, Quebec […] Defendant ______________________________________________________________________ JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] At the hearing, after discussion with the Judge and between themselves, the parties reached an agreement to settle this case as follows: - The parties acknowledge that the Plaintiff has received $2,000 plus interest from the $6,000 capital amount invested with the Bank of Montreal mentioned in the proceedings; - To give effect to the parties' agreement to make a 50%-50% division of the total amount, the remaining $4,000 plus interest held at the Bank of Montreal will be split so that $3,000 in capital plus interest is disbursed to the defendant Petra Bernas Cabais to be released by her to the account of a new Philipino Association to be formed, and $1,000 in capital plus interest is disbursed to Zenaida A.
Acacio to be released by her to the existing Association (The Plaintiff); - Both sides to this conflict agree that the case is settled without admission of fault, there being no winner and no loser; - The parties agree that they will sign all necessary documentation at the Bank of Montreal at the earliest date that is mutually convenient in order to give effect to this transaction. WHEREFORE, THE COURT, AT THE REQUEST OF THE PARTIES: HOMOLOGATES the transaction reached between the parties as set out above, to have the effect of a judgment; ORDERS the parties to abide by it;
__________________________________ DAVID L. CAMERON, J.C.Q. Date of hearing: September 13, 2011
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