Executive Summary: Key Legal and Evidentiary Issues

• Rubem Ribeiro Junior claimed $15,000.00 from Banque Nationale du Canada across four heads of damages: an uncredited bursary, NSF fees, a term payment, and troubles and inconvenience.
• Central to the dispute was whether the bank properly applied an $8,343.00 bursary to the plaintiff's student loan balance.
• Bank fees of $480.00 were contested, with the plaintiff alleging they were generated intentionally by the bank.
• A $192.00 payment made on 2 July 2024 was disputed, with the plaintiff characterizing it as an unauthorized unilateral charge.
• No fault was established on the bank's part in the management of the plaintiff's account, defeating the claim for $5,985.00 in moral damages.
• Evidence showed each charge was contractually authorized and accurately applied, leaving no legal basis for any of the four heads of claim.

Facts of the case

On 24 October 2016, Rubem Ribeiro Junior and Banque Nationale du Canada entered into a loan agreement pursuant to a financial assistance agreement under Quebec's Act respecting financial assistance for education expenses. Years later, on 28 August 2022, the plaintiff was notified by the Ministère de l'Enseignement Supérieur — Aide aux études that a portion of his 2021–2022 student loan, amounting to $8,343.00, had been converted into a bursary and would be applied to reduce his outstanding student debt. The plaintiff subsequently brought a claim before the Small Claims Division of the Court of Quebec, seeking a total of $15,000.00 from the bank, broken down as follows: $8,343.00 for an allegedly uncredited bursary; $480.00 for non-sufficient funds and excess service fees; $192.00 for a term payment he disputed; and $5,985.00 for troubles and inconvenience. The bank, represented by Madelaine Chabot, denied owing any of the claimed amounts.

Contractual framework and clauses at issue

The student loan relationship was governed by the 2016 loan agreement, which incorporated the terms of the applicable financial assistance convention. The bank fees were charged in accordance with its published pricing guide for the "Le minimaliste" account type, which the court accepted as the contractual basis for the deductions. The deferred repayment program, from which the plaintiff had benefited beginning 1 July 2023, also formed part of the contractual context relevant to the $192.00 payment dispute.

Court's reasoning and analysis

On the bursary, the court found that the bank had in fact credited the $8,343.00 to the plaintiff's account on 1 September 2022, reducing his student loan balance from $39,872.00 to $31,529.00. The evidence directly contradicted the plaintiff's claim that the bursary had not been applied. On the bank fees of $480.00, the court found that the charges for non-sufficient funds and for exceeding the service package were levied in accordance with the contract and were not generated intentionally by the bank, as the plaintiff had alleged. Regarding the $192.00 payment made on 2 July 2024, the court determined this was a valid periodic repayment that resumed after the plaintiff's deferred repayment program ended — not an unauthorized charge. Finally, on the claim for troubles and inconvenience, the evidence established that the bank had committed no fault in managing the plaintiff's account, and accordingly the plaintiff had suffered no compensable harm under this head.

Ruling and overall outcome

The court rejected the plaintiff's claim in its entirety. Banque Nationale du Canada was the successful party, and the court ordered Rubem Ribeiro Junior to pay court costs of $303.00 in the bank's favour. The judgment was rendered on 2 June 2026 by the Honourable Patrick Théroux, J.C.Q.