Executive Summary: Key Legal and Evidentiary Issues

• Failure by defendant Ballout to submit a summary of her contestation within the procedural deadline

• Defendant Jaafar did not respond to the notice of summons, leading to default proceedings

• Caisse Desjardins substantiated its claim through a sworn affidavit and documentary evidence of debt

• The court acknowledged the absence of valid defenses or appearance by either defendant at the hearing

• Legal reliance on article 535.6 of the Code of Civil Procedure regarding default proceedings

• Judgment granted jointly and severally against both defendants for the outstanding loan amount and applicable interests

Facts and outcome of the case

Facts of the case

The plaintiff, Caisse Desjardins, filed a claim on September 25, 2023, seeking $40,049.42 from defendants Wafaa Ballout and Akef Jaafar. This amount represented the outstanding balance of a loan issued to Ballout on April 7, 2008, which was personally guaranteed by Jaafar on the same date.

The claim was served to both defendants on September 28, 2023. While Ballout responded on October 4, 2023, by stating her intent to contest the claim and indicating legal representation, she failed to submit a required summary of her defense within the timeframe prescribed under article 535.6 of the Code of Civil Procedure. Jaafar did not respond at all, prompting Caisse Desjardins to seek default judgment against him.

A special clerk notified the plaintiff on April 30, 2024, that a default judgment against Ballout could not be rendered due to her initial reply. The plaintiff then requested a case management hearing for November 5, 2024, to address the defendants’ lack of defenses and request evidentiary processing.

On the hearing date, neither defendant nor Ballout’s legal counsel appeared. The court therefore deemed both parties in default and proceeded with its deliberation.

Judgment and outcome

The court accepted the plaintiff’s evidence, which included a sworn affidavit from Caisse Desjardins’ market development director and a dated statement of account confirming the debt. It found the plaintiff’s claim to be substantiated and well-founded.

Accordingly, the court rendered judgment in favor of the plaintiff. Both Ballout and Jaafar were jointly and severally condemned to pay the amount of $40,049.42, along with interest at 7.95% per annum from September 15, 2023, and an additional indemnity. The judgment also included legal costs to be borne by the defendants.