2022 QCCQ 1429, 2022 QCCQ 1429

Newsam Construction c. Lettelier 2022 QCCQ 1429 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-160689-198 DATE : March 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ NEWSAM CONSTRUCTION Plaintiff c.

JULIE LETTELIER Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the reimbursement of the work performed at the residence of the Defendant totaling $22,279.87, which it reduces to the sum of $15,000, renouncing to claim the difference. [ 2 ] The Defendant contests the claim on the basis that it is prescribed. [ 3 ] The work performed by the Plaintiff was in two phases.

Phase one consisting on installing tiles at a cost of $5,525.75 and the second phase consisting of the renovation of a kitchen in Defendant’s residence at a cost of $16,754.12. [ 4 ] For phase one, the Plaintiff invoiced the Defendant on May 16, 2016, the work having been completed in March 2016. [ 5 ] For phase two, the Plaintiff invoiced the Defendant on September 7, 2016, the work having been completed in June 2016, with the latest invoice sent on July 20, 2016. [ 6 ] The Plaintiff instituted its recourse on August 13, 2019, more than three years after the work had been completed, therefore, Plaintiff’s recourse is prescribed. [ 7 ] Prescription starts at the time the obligation is completed and the creditor can exercise its right. [ 8 ] In any event, the Defendant states that she was never to be invoiced for the work, as she represented 9225-3194 Québec Inc. doing business under the name of Newsam Services [1] , another company of Brian Newsam to recover on its behalf moneys owed by its debtor, Tyler Cavell. [ 9 ] All work done by the Plaintiff was to be offset with the fees the Defendant would normally collect. [ 10 ] The evidence does show that the Defendant’s argument if well founded. [ 11 ] The Plaintiff only claimed the cost of the services it provided to the Defendant, only when it learned that the legal hypothec the Defendant was to register against Mr.

Cavell’s property, had not been properly registered in time, allowing Mr. Cavell’s father to register a hypothec on his behalf. [ 12 ] In addition, Mr. Newsam argues that he was forced to negotiate down the claim of $59,613.70 to $16,000, to which he adds the fees he had to pay to another attorney. [ 13 ] The Plaintiff’s argument is hypothetical and moreover, Mr.

Cavell’s property had several leans registered against his property before the Plaintiff could register any lean. [ 14 ] The Defendant made a claim against the Fonds d’assurances responsabilité professionnelle du Barreau du Québec, who intervened in this matter as a third party who denies any liability on the basis that the Plaintiff’s recourse is with respect to work done on the Defendant’s property and the latter’s professional fees and her professional liability. FOR THESE REASONS, THE COURT: DISMISSES the Plaintiff’s recourse;

WITH COSTS in the amount of $205 representing the judicial stamp of the Contestation; DISMISSES the Defendant’s recourse against the Fonds d’assurance responsabilité professionnelle du Barreau du Québec; WHITOUT COST ________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing :February 2, 2022