2011 QCCQ 5568, 2011 QCCQ 5568

Bershadskiy c. Fruh 2011 QCCQ 5568 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-116873-094 DATE: April 4, 2011 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ MIKHAIL BERSHADSKIY […] Montreal (Quebec) […] Plaintiff v.

IRINA VOLKOVAYA FRUH […] Montreal (Quebec) […] Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the sum of $800 representing the work described in the Annex. [1] [ 2 ] The Plaintiff acknowledges that part of the work was not completed which he estimates being two hours of work, for a total amount of $70. [ 3 ] The Defendant contests this claim stating that part of the work described in the main contract [2] had to be completed by third parties. [ 4 ] The Defendant's Contestation cannot be accepted as no prior demand was sent to Plaintiff. [ 5 ] Therefore, the Court accepts Plaintiff's claim in which an amount of $70 is deducted, plus an amount of $9.07 for the demand letter. [3] FOR THESE REASONS AND THOSE VERBALLY STATED AT THE HEARING, THE COURT: [ 6 ] GRANTS in part Plaintiff's action; [ 7 ] CONDEMNS Defendant to pay Plaintiff the sum of $739.07 plus the interest and the additional indemnity provided by

article 1619 of the Civil Code of Québec as of April 28, 2009, plus $69 representing the judicial stamp of the demand. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: April 4, 2011