2016 QCCQ 2392, 2016 QCCQ 2392

Zeb c. Hussain 2016 QCCQ 2392 JV0516 COURT OF QUEBEC « Civil Division - Small Claims Division » CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-32-147292-157 DATE: March 29, 2016 ______________________________________________________________________ PRES ided BY : THE HONOURABLE SUZANNE VADBONCOEUR, J.C.Q. ______________________________________________________________________ AURANG ZEB Plaintiff v.

BABAR HUSSAIN Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] For all the reasons expressed verbally in the Court room, recorded numerically, and summarised hereinafter, the Court renders judgment as follows : [ 2 ] The Plaintiff, Aurang Zeb, sues the Defendant Babar Hussain for the amount of 20 000$ reduced to 15 000$ to satisfy the jurisdiction of the Small Claims Division, and then to 6 000$ during the hearing. [ 3 ] The Defendant denies owing that money to the Plaintiff, alleging that 15 000$ was paid back to him and that he now owes only 6 000$ to the Plaintiff. [ 4 ] CONSIDERING that the burden of proof belongs to the Plaintiff, according to sections 2803 and 2804 of the Civil Code of Quebec which read as follows : « 2803.

A person seeking to assert a right shall prove the facts on which his claim is based. A person who claims that a right is null, has been modified or is extinguished shall prove the facts on which he bases his claim. 2804.

Evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof. » [ 5 ] CONSIDERING the evidence that shows that the Plaintiff lended some money to the Defendant. [ 6 ] CONSIDERING that the Bank drafts show a total loan of 55 000$ made to the Defendant; [ 7 ] CONSIDERING that part of that loan was made for personal purposes (15 000$) and was paid back to the Plaintiff, namely by three payments of 1 000$ each, per month during three months, 6 000$ paid back by the Mosque and 6 000$ paid back by the Defendant, the whole as appears from the Plaintiff's affidavit annexed to the claim; [ 8 ] CONSIDERING that the evidence presented to the Court shows that there is an amount of 6 000$ still due to the Plaintiff; [ 9 ] CONSIDERING that the Defendant acknowledges owing that money; FOR THESE REASONS, THE COURT : GRANTS in part the Plaintiff's claim;

CONDEMNS the Defendant to pay to the Plaintiff the sum of 6 000$ with no interest, plus judicial disbursement of 200$; ORDERS that the total amount be payable by March 20, 2017. __________________________________ SUZANNE VADBONCOEUR, J.C.Q. Date of hearing: March 29, 2016