2017 QCCQ 1157, 2017 QCCQ 1157

Aspler c. Furnam 2017 QCCQ 1157 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL No: 500-32-151155-167 DATE: February 13, 2017 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI J.C.Q. ______________________________________________________________________ PHILIP ASPLER Plaintiff v.

RICHARD FURNAM Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Philip Aspler claims from Richard Furnam $4,637.01 representing unpaid legal fees. [ 2 ] Although Richard Furnam was duly convened and called, he was not present at the trial and thus the trial proceeded by default. [ 3 ] Mtre Aspler’s claim for unpaid fees covers legal work performed by him from April 5, 2013 to September 19, 2013 at the request of Mr.

Furnam (see exhibit P-1: invoice; and exhibits P-2 to P-6, P-8, P-9 and P-11). [ 4 ] The Court notes that Mtre Aspler’s invoice (exhibit P-1) which forms the basis of his application is addressed to “Richard Fur man ”. As required by

section 20 of the Règlement sur la comptabilité et les normes d’exercice professionnel des avocats , R.R.Q., ch. B-1, r. 5, Mtre Aspler verified his client’s identity at the outset of the mandate. He was provided with the defendant’s driver’s license and RAMQ card (see exhibit P-10). Both these documents identify the client as “Richard Fur nam ”. However, in his correspondence with Mtre Aspler, Mr. Furnam uses the name “Richard Fur man ”. Likewise, in his Contestation filed with the Court, Mr. Furnam uses the name “Richard Fur man ”.

The defendant is identified in the Motion to Introduce Proceedings as “Richard Furman also known as Richard Furnam”. [ 5 ] The Court will refer to the defendant as Richard Furnam or Mr. Furnam in this judgement considering that this is the name indicated on his driver’s license and RAMQ card. [ 6 ] After reviewing the evidence submitted by Mtre Aspler, the Court concludes that Mr.

Furnam was informed of and agreed to the financial terms of the legal services (see exhibit P-2: invoice dated September 2, 2013; and exhibit P-10) that were provided by Mtre Aspler and that are claimed in this application. [ 7 ] Moreover, after reviewing the evidence submitted by Mtre Aspler, the Court concludes that his claim is well founded in the amount of $4,637.01. The Court adds that considering

article 56 of the Civil Code of Québec , [1] the Court considers that Mr. Furnam is liable for the invoice (P-1) addressed by Mtre Aspler to “Richard Furman”. [ 8 ] FORT THESE REASONS, THE COURT: [ 9 ] GRANTS the action; [ 10 ] CONDEMNS Richard Furnam to pay to Philip Aspler $4,637.01 with interest at the legal rate plus the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , from December 1, 2014; [ 11 ] WITH COSTS. __________________________________ ENRICO FORLINI J.C.Q.

Date of hearing: February 6, 2017