2014 QCCQ 9393, 2014 QCCQ 9393
Opinion
Ming c. Wang 2014 QCCQ 9393 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-141829-145 DATE: September 2, 2014 ______________________________________________________________________ BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ HAN MING Plaintiff v.
TIAN WANG Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff Han Ming claims the sum of $160.00 from Defendant Tian Wang representing 20% of a sum of $800.00 that Defendant Tian Wang claimed in the case number 500-32-139411-138 in which she sued a car dealer for the return of a deposit. [ 2 ] A judgment by default was rendered against the car dealer and Tian Wang obtained the reimbursement of her deposit. [ 3 ] Plaintiff Mr.
Ming alleges that in consideration of his help in filling a claim against the car dealer, Defendant Tian Wang agreed to pay him 20% of the amount received. She did not fulfill her agreement. [ 4 ] Defendant Ms. Tian Wang replies that Plaintiff Han Ming did not go to Court with her to present the case. Therefore, he should not be entitled to his fees. [ 5 ] The agreement that Defendant Tian Wang acknowledges is stated in these terms: "I agreed to pay him 20% of $800.00 if I received back money (sic)". [ 6 ] She did receive her money.
Therefore, the agreement applies and Plaintiff Han Ming is entitled to his fees ($160.00) plus the costs of the registered letter ($10.50) and the legal fees. FOR THESE REASONS, THE COURT: GRANTS the claim of Plaintiff Han Ming; CONDEMNS Defendant Tian Wang to pay to Plaintiff Han Ming the sum of $170.50 with legal interest at the legal rate and the special indemnity provided for by
section 1619 of the Civil Code of the Province of Quebec as of the date of the demand letter of December 13, 2013; THE WHOLE with costs of $74.25. __________________________________ MARIE MICHELLE LAVIGNE, J.c.Q Date of hearing: September 2, 2014
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