2022 QCCQ 5281, 2022 QCCQ 5281

Michalopoulos c. Beneka Kanda 2022 QCCQ 5281 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-32-024875-202 DATE: August 5, 2022 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN, J.C.Q. ______________________________________________________________________ JAMES MICHALOPOULOS Plaintiff v.

FLORENCE BENEKA KANDA Defendant and ASSURANCE ECONOMICAL Third Party ______________________________________________________________________ JUDGMENT Given at the hearing and edited [1] ______________________________________________________________________ I. Introduction [ 1 ] Mr. Michalopoulos is suing Ms. Florence Beneka Kanda and Assurance Economical for unpaid instalments of a Conditional sale contract of a motor vehicle that was declared wreck after an accident. Ms. Beneka Kanda did not fulfil her semi-monthly payments. Mr. Michalopoulos is suing her for $9,830.94. Mr.

Michalopoulos is suing Assurance Economical because they kept the amount of the wreck vehicle after they received a main letter from Mr. Michalopoulos’ lawyer. II. Question in litigation [ 2 ] The Court has to decide if Mr. Michalopoulos has demonstrated beyond the balance of probabilities all the elements of his burden of proof. III. Facts [ 3 ] Mr. Michalopoulos and Ms. Beneka Kanda signed a conditional sale contract on August 21, 2019, for the sale of a 2009 Lincoln MKS at the price of $7999. Ms.

Beneka Kanda made a first payment of $1000 and was supposed, after that, to pay semi- monthly the amount of $234.07 starting on September 6, 2019, for a term of 24 months. The last payment should have been on August 20, 2021. The loan interest rate is 19.99 %. The evidence shows that Ms. Beneka Kanda made the following payments : Dates of payments Amounts September 6, 2019 $234.07 September 20, 2019 $234.07 October 6, 2019 $234.07 October 20, 2019 $234.07 November 6, 2019 $234.07 November 20, 2019 $234.07 Total $1404.42 [ 4 ] Mr. Michalopoulos received an email from Ms.

Beneka Kanda informing him that she had a car accident and the vehicle was declared wreck by the insurance company and told him that she will not make the payments until she receives the money from the

insurance company. On January 7, 2020, Mr. Michalopoulos, by the hand of his lawyer, send a main letter to Ms. Beneka Kanda and send a copy to the insurance company, Assurance Economical. He never received other payments after that letter, neither from Ms. Beneka Kanda, nor from Assurance Economical. IV. Analysis [ 5 ] Mr. Michalopoulos should establish all the facts according to the balance of probabilities. [2] [ 6 ] The Court concludes that Mr.

Michalopoulos has demonstrated beyond the balance of probabilities most of his claim and grants it partially. [ 7 ] The Court cannot grant the interest rate of 19.99 % because he did not indicate in the conditional sale contract the amount per year and the way to count it. The Court will grant the legal rate and the additional indemnity. The initial price of the car was $7999 and the taxes was: $399.95 for the GST, and $797.90 for the QST, for a total sale price of $9,196.85. The Court subtracts from that amount the semi-monthly payments that have been made by Ms.

Beneka Kanda from September 6, 2019, up to November 20, 2019, for a total amount of $1,404.42. The Court also subtracts the initial payment of $1000. The Court arrives to a total of $6702, 43, which is the payment that Ms. Beneka Kanda must pay to Mr. Michalopoulos. FOR THESE REASONS, THE COURT: [ 8 ] CONDEMNS the defendant Florence Beneka Kanda to pay to the plaintiff James Michalopoulos the sum of $6,702.43 , with the interest at the legal rate and additional indemnity according to

section 1619 of the Civil Code of Quebec , since the main letter dated January 7, 2020, WITH THE JUDICIAL COSTS of $193 . [ 9 ] REJECTS the demand against Assurance Economical. __________________________________ SERGE LAURIN, J.C.Q. Date of hearing: August 2, 2022