Eidelmann Law Inc. c. Leone 2018 QCCQ 4238 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-155825-179 DATE: June 13, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ EIDELMANN LAW INC. Plaintiff v.

ELISABETTA LEONE and ANTONIO DECOBELLIS Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff law firm is suing defendants, on account, for professional services rendered. [ 2 ] Defendants failed to appear for trial. [ 3 ] Plaintiff established, by a preponderance of evidence, that it was mandated to represent defendants in the 2 files which are the object of this claim (exhibits P-1 to P-11 and the testimony of Adam Eidelmann and Elliot Aglioni), and that it rendered the services outlined in invoices P-4 and P-5. [ 4 ] Furthermore, the “Conciliation Agreement”, dated July 27, 2017, which defendants never signed and never adhered to, is unenforceable under the circumstances. [ 5 ] At trial, plaintiff reduced its claim by $3,000.00, in order to reflect the monies received on account for its services. [ 6 ] The fees being claimed are fair and reasonable, save for an aggregate amount of $600.00, which is related to plaintiff’s motions to cease representing [1] . [ 7 ] Defendants are therefore liable towards plaintiff for an amount of $4,556.65. [ 8 ] The interest being claimed “at the rate of 2% per month” is, however, illegal [2] .

WHEREFORE THE COURT HEREBY: GRANTS plaintiff's amended application, in part; CONDEMNS defendants jointly and severally to pay plaintiff the sum of $4,556.65, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , from December 22, 2016, and legal costs in the amount of $200,00. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: May 28, 2018