2011 QCCQ 11162, 2011 QCCQ 11162

Aberin c. David 2011 QCCQ 11162 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-117043-093 DATE: September 7, 2011 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ NILDA ABERIN […] Ville St-Laurent Québec […] Plaintiff v.

HELEN DAVID […] Montréal Québec […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Nilda Aberin is suing Helen David for $3,324.76, alleging Ms. David failed to repay her loan. Ms. David denies the action, claiming compensation for money owed. The Evidence: [ 2 ] Ms. Aberin accepted to provide a loan to Ms. David; the cost of three airline tickets for Ms. David and her family, namely $3,270, was charged to Ms. Aberin's credit card. Ms.

David agreed to repay the loan at the rate of $390 per month. She provided five postdated cheques, some of which were returned because of insufficient funds while a stop payment was made on the remainder. [ 3 ] Ms. David explained she refused to remit the money to Ms. Aberin because Ms. Aberin failed to pay certain claims made by Ms. David's husband, Mr. Pimentel, who was employed at the same company where Ms. Aberin worked as the controller. [ 4 ] Specifically, at the request of Mr. Pimentel's employer, 9176-2989 Québec inc. operating under the name of Les Automobiles Lancaster (“Lancaster”), Mr.

Pimentel retrieved cars from the United States. According to Ms. David, he did not receive the payment or the commission that had been agreed upon, because of Ms. Aberin's decisions. Ms. David also maintained that Lancaster refused to honour a warranty agreement with respect to a car her husband had purchased. Analysis: [ 5 ] Ms. Aberin established to the satisfaction of the Court that she had provided a loan to Ms. David for $3,270 and has not been repaid. [ 6 ] The defence provided by Ms. David is not retained. The reasons invoked by Ms. David do not concern her but rather her husband. Any grievance Mr.

Pimentel may have with respect to money he claims is owed to him is not related to Ms. Aberin but to his employer, Lancaster. As well, Ms. Aberin is not liable for the alleged failure to respect the warranty on the car purchased by Ms. David and her husband. Ms. Aberin was not a party to the sale of the car or to the warranty agreement. [ 7 ] Any claim that may exist by Mr. Pimentel or by Ms. David and Mr. Pimentel must be directed against the proper party.

FOR THESE REASONS, THE COURT: GRANTS , in part, the action; CONDEMNS Helen David to pay Nilda Aberin the sum of $3,270 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec since April 17, 2009, plus judicial fees of $127. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: July 4, 2011