Trudel c. Khan 2011 QCCQ 7047 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-124880-107 DATE: 23 mars 2011 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ PIERRE TRUDEL, 50, Place Cremazie West, Bureau 600, Montreal (Quebec) H2P 2T3 Plaintiff v.

ABDUR RASHID KHAN, […], Montreal (Quebec) […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including professional services contract P-2, invoices and statement of account P-1, billing sheet P-3, as well as the highly credible testimony of plaintiff; [ 2 ] WHEREAS plaintiff is a chartered accountant; [ 3 ] WHEREAS, according to the preponderance of evidence, plaintiff rendered the professional services described in invoices P-1, to defendant, at his request and for his benefit; [ 4 ] WHEREAS defendant failed to acquit the totality of plaintiff's professional fees, which the parties agreed upon, leaving a balance of $2,860.11; [ 5 ] WHEREAS defendant's testimony was not credible, as it was fraught with contradictions and unlikely allegations; [ 6 ] WHEREAS defendant is liable towards plaintiff for the sum of $2,860.11; [ 7 ] WHEREAS plaintiff honoured all of his contractual and professional obligations towards defendant, whilst defendant did not; [ 8 ] WHEREAS plaintiff proved all of the facts alleged in his application, by a preponderance of evidence; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's action; CONDEMNS defendant to pay plaintiff the sum of $2,860.11, plus legal interest and the additional indemnity provided for in s. 1619 of Civil Code of Quebec , from July 13, 2010, plus costs. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: March 7, 2011