2011 QCCQ 6858, 2011 QCCQ 6858
Opinion
Battaglia c. Procaccini 2011 QCCQ 6858 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-114797-097 DATE: June 14, 2011 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ MARIA R. BATTAGLIA […], Dorval, Québec […] Plaintiff v.
MELITA PROCACCINI […], Montréal, Québec, […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Following consideration of the procedures, the evidence and after deliberating; [ 2 ] Considering that Plaintiff, Me Maria R.
Battaglia, has sued Defendant, Melita Procaccini, for $4,175.01 for professional services rendered; [ 3 ] Considering that Defendant, although duly notified of the hearing, failed to appear at trial; [ 4 ] Considering that Plaintiff and Defendant concluded a mandate for legal services with respect to Defendant's divorce proceedings; [ 5 ] Considering that Defendant failed to pay Plaintiff's final two invoices, relating amongst other issues to child support, a passport for Defendant's child and an Agreement on Accessory measures and Consent to Judgment; [ 6 ] Considering that Plaintiff has established, to the satisfaction of the Court, that her claim is well founded; [ 7 ] Considering that no evidence was provided in support of Defendant's position; [ 8 ] Considering that Plaintiff has requested interest at the rate of 18% on the amount owed by Defendant; [ 9 ] Considering that interest was not included in the agreement concluded with Defendant and the rate of 18 % is not warranted.
FOR THESE REASONS, THE COURT: GRANTS , in part, Plaintiff's action; CONDEMNS Defendant, Melita Procaccini, to pay Plaintiff, Maria R. Battaglia, the sum of $4,175.01, with interest at the legal rate of 5% and the additional indemnity foreseen at
article 1619 of the Civil code of Quebec , since July 29, 2008, plus judicial fees of $126.
__________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: May 2, 2011
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