2023 QCCQ 244, 2023 QCCQ 244

Roxor Inc. c. Blue Stone Realties Inc. 2023 QCCQ 244 COURT OF QUEBEC « Small Claims Division » CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-711835-209 DATE : February 1, 2023 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ ROXOR INC. Plaintiff c. BLUE STONE REALTIES INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims $12,241.66, representing the consulting services provided to the Defendant at an hourly rate of $250, plus taxes, plus interests. [ 2 ] The Defendant denies owing any amount to the Plaintiff, as the work provided consisted of nonbillable work, performed by the Plaintiff to put in is bid to obtain the contract as general contractor.

THE CONTEXT [ 3 ] The Defendant’s project was the construction of a rental building on Bates Street. [ 4 ] Sylvain Dufour, the owner of a plumbing enterprise, a friend of Charbel Edmond Abboub and Arieh Ohayon, representatives of the parties, acted as a liaison between them. [ 5 ] When Mr. Dufour learned of Mr. Ohayon’s, project, he referred him to Mr.

Abboub, who at the time was also involved in a construction project on Bates Street. [ 6 ] A contract was concluded between the parties date November 6, 2018 [1] , by which the Plaintiff undertook to provide consulting services, prior to the construction starting, described as follows: • Review plans and make recommendations where applicable. • Review in conjunction, with the client, the planning to date of the project’s requirements. • Go to market on key items and work with one subcontractor per trade type where applicable to achieve cost savings (value engineering) • Budget buildup, reviews and recommendations. • Other meetings at Client’s request. • Evaluate subcontractor proposals and estimates and make recommendations to the client. [ 7 ] For this work, the Plaintiff would bill $250 per hour, but should it be awarded the contract as a general contractor, those fees would be written off. [ 8 ] A first invoice was sent to the Defendant dated November 30, 2018, for $2,012.06 and was paid. [ 9 ] The project was put on hold for one year as of November 2018 and started again, at which time the Plaintiff continued to provide consulting services to the Defendant. [ 10 ] In January 2020, The Defendant informed the Plaintiff it would not be awarded the contract as general contractor.

[ 11 ] On January 31, 2020, the Plaintiff billed the Defendant for the work done between November 8, 2019, to January 31, 2020, namely 41.5 hours, for a total amount of $11,928.66 [2] which it claims by its recourse. [ 12 ] No reply or payment was received from the Defendant and according to Abboub, Mr. Ohayon became very evasive. [ 13 ] On March 9, 2020, in an email, Mr. Abboub suggests that a meeting be held with the Defendant [3] . In this series of emails, the parties discuss a manner in which they could settle the invoice.

The Defendant objects to the Court reviewing these emails. [ 14 ] The Court concludes that these emails cannot be qualified as privileged. They do not consist of discussions involving the possible settlement of a legal recourse but consist of discussions on invoices received.

THE ANALYSIS [ 15 ] According to the Defendant, the work done by the Plaintiff was part of the precontractual work to present its bid to obtain a contract of general contractor. [ 16 ] The Court disagrees with the Defendant’s position. [ 17 ] It is clear from the exchange of emails that the Defendant was surprised by the number of hours and the amount billed, but no other objection was raised. [ 18 ] From the evidence provided by the Defendant, the Court cannot conclude that the original contract of November 2018 was set aside and replaced by a new verbal contract. [ 19 ] Also, contrary to the testimony of Mr.

Ohayon, who is contradicted by the independent witness Dufour, the project did not continue throughout the year 2019, without the participation of the Plaintiff. According to Mr. Dufour, the project had to stop because of legal issues to be resolved. [ 20 ] Moreover, the Court prefers the testimony of Mr. Dufour who confirms the position adopted by the Plaintiff regarding the work to be provided by the latter. [ 21 ] In addition to the fees billed, the Plaintiff also claims interest at the rate of 1.5% per month, which is contrary to

section 4 of the Interest Act [4] , that limits the interest at 5% per annum when the yearly rate is not indicated. FOR THESE REASONS, THE COURT: GRANTS in part Plaintiff’s Claim; CONDEMS the Defendant Blue Stone Realties Inc.to pay to the Plaintiff Roxor Inc. the sum of $11,928.66 plus interest at the legal rate plus the additional indemnity provided at

Article 1619 of the Civil Code of Québec as of January 31, 2020. WITH COSTS in the amount of $313 representing the judicial stamp of the Demand. ________________________ DIANE QUENNEVILLE, J.C.Q.