2012 QCCQ 7789, 2012 QCCQ 7789

JH 5371 Azancot & Associates c. Benchimol 2012 QCCQ 7789 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-125883-100 DATE: September 28, 2012 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.Q.C. ______________________________________________________________________ AZANCOT & ASSOCIATES Plaintiff v.

ELIANE BENCHIMOL Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Azancot & Associates (Azancot) is suing for its fees in the amount of $3,625.11 (including interest at the rate of 18%) billed to Eliane Benchimol in July and September of 2008. This represents the balance of a larger amount on which partial payments had been made. [ 2 ] In her contestation, Eliane Benchimol does not dispute the quality of the services rendered, nor the hours claimed.

She states that she has always been willing " to pay with small payments ". [ 3 ] Mrs. Benchimol is present at the hearing and requests a postponement. She states that she did not receive the notice of hearing dated May 29, 2012, because she had moved and neglected to provide the Court with her new address. However, she was advised by e- mail of the hearing approximately two weeks prior to June 27 th , 2012, date on which she made her written petition for postponement. Azancot contests this request. [ 4 ] The Court refused the postponement considering that Mrs.

Benchimol was advised some three weeks prior to the hearing. She has also confirmed, by her testimony, that she does not contest the claim. She argues that her finances and her personal life are difficult, and that she requires time to make payment. [ 5 ] The evidence shows that Me Azancot received a mandate from Eliane Benchimol to obtain the cancellation of the sale of her property pursuant to a fraudulent purchase. In his testimony, he has explained his detailed invoices, dated July 1, and September 10 th , 2008, (Exhibit P-2). These bills were not contested at the time.

As well, nothing in the evidence would permit questioning the services rendered. He states that he was patient as to collection of these fees, because of Mrs. Benchimol's financial and personal situation. This explains why he waited until September 2010 to undertake proceedings. [ 6 ] Eliane Benchimol admits that she is aware of unpaid fees of an amount of approximately $2,000.00. However, she states that she does not remember receiving the September 10, 2008 invoice (in an amount of $558.73 tax included). It is to be noted that this statement includes a credit in the amount of $356.44.

Also, the total amount due is $2,206.45, without the interest. This is basically the amount Mrs. Benchimol recollects. [ 7 ] Mrs. Benchimol's testimony and arguments amount to a request to pay Azancot's fees by installment. It must be noted that she has maintained this from the outset, and has therefore had four years to make these payments. She stated in her testimony: "my bill is my consequence". [ 8 ] Azancot claims interest at an annual rate of 18% beginning 30 days after the date of each invoice up to the date of the hearing. No agreement to this effect, written or verbal, has been proven.

This claim can not be allowed. Me Azancot concedes that legal interest and additional indemnity can be claimed only since the service of the originating motion. [ 9 ] Considering the services rendered;

[ 10 ] Considering the invoices, Exhibit P-2, en liasse; [ 11 ] Considering the absence of contestation of the services rendered; [ 12 ] Considering that no contractual interest applies; FOR THESE REASONS THE COURT: GRANTS , in part, the originating motion; CONDEMNS Eliane Benchimol to pay to Azancot & Associates the sum of $2,206.54, plus interest at the legal rate as well as the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , since service of the originating motion; THE WHOLE with costs in the amount of $135.00. __________________________________ SCOTT HUGHES, J.Q.C. Date of hearing: July 4 th 2012.