Revah c. Evo Canada 2013 QCCQ 6256 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-129638-112 DATE: June 27, 2013 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ AHARON REVAH Plaintiff v.

EVO CANADA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff, Aharon Revah, who operates a driving school under the name of Aryo Driving School, installed a credit card service with the Defendant. [ 2 ] The Plaintiff claims the sum of $3,890.08, representing the settlements of June and July 2011, which were not credited to his account.

In addition, an amount of $500.00 was withdrawn from his account on June 1 st , 2011, without justification, which the Plaintiff claims, plus $500.00 for the loss of time and aggravation in dealing with the Defendant. [ 3 ] The Defendant did not appear to contest this action. [ 4 ] The Plaintiff remitted to the Court, the credit card slips, Exhibit P-1 en liasse, as well as his bank statements for June 2011, Exhibit P-2 en liasse, to show that the amounts of the settlements were not credited to his account and to show the withdrawal by the Defendant of an amount of $500.00 on June 1 st , 2011. [ 5 ] At the request of the Court, the Plaintiff sent, on April 9, 2013, his monthly bank statement for July 2011, Exhibit P-5 . [ 6 ] The Court concludes that the settlements of June and July, totalling $2,890.08 were not credited to his account.

However, the debit of $500.00, on July 1 st , 2011, in payment of the dues, was reimbursed to the Plaintiff on July 4 th , 2011, Exhibit P-5. [ 7 ] The Plaintiff has not convinced the Court that he suffered damages in the amount of $500.00. FOR THESE REASONS, THE COURT : GRANTS in part Plaintiff’s action; CONDEMNS the Defendant, Evo Canada, to pay to Plaintiff, Aharon Revah, the sum of $2,890.08, plus interest, at the legal rate of 5% per annum, plus the additional indemnity provided at

Article 1619 of the Civil code of Québec as of July 20 th , 2011; WITH COSTS in the amount of $165.00 representing the judicial stamp of the application. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: April 9th, 2013