Konstantakakos c. Koutavas 2022 QCCQ 1474 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-160965-192 Date: March 28, 2022 BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. EVANGELOS KONSTANTAKAKOS Plaintiff v.

GERASIMOS KOUTAVAS Defendant JUDGMENT RENDERED ORALLY [ 1 ] The Plaintiff claims from the Defendant $15,000 representing the cost of the services rendered to the Defendant to help him collect his old age pension. [ 2 ] The information on file indicates that the Plaintiff is now living in Athens, Greece, at which address the Notice of the hearing of today was sent, however, the Plaintiff failed to appear to present his case. [ 3 ] The Defendant, represented by his son, Louis Koutavas, made a Cross Claim of $10,000 representing $5,000 that would have been given by the Defendant to the Plaintiff at a time when the Defendant did not have the mental capacity to conclude a transaction.

Moreover, this amount would have been given in cash with no receipt. [ 4 ] No evidence was provided on behalf of the Defendant that this amount of $5,000 was actually paid to the Plaintiff. [ 5 ] The Defendant also claims $5,000 in damages, which includes in part the fees paid to the lawyer representing the Defendant. [ 6 ] As the claim forming the basis of the Cross Claim was not proven, moral damages cannot be granted, neither the cost to recover extrajudicial fees paid to an attorney.

FOR THESE REASONS AND THOSE MENTIONED ORALLY AT THE HEARING, THE COURT: DISMISSES Plaintiff’s recourse; DISMISSES Defendant’s Cross Claim; WITHOUT COST .

Diane Quenneville, J.C.Q. Date of hearing: March 28, 2022