2014 QCCQ 11866, 2014 QCCQ 11866

Nasser Renovaton Company c. Sadeghi 2014 QCCQ 11866 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-133637-126 DATE: November 13, 2014 ______________________________________________________________________ BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ NASSER RENOVATON COMPANY Plaintiff v.

HEYDAR SADEGHI Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] M. Nasser Ahanj doing business under the name Nasser Renovation Company is claiming from Heydar Sadeghi the payment of the amount of $7,465.81 representing the balance of an invoice for professional services rendered. The plaintiff is reducing its claim to $7,000.00 in order to benefit from the jurisdiction of the Small Claims division. [ 2 ] Mr. Nasser Ahanj of Nasser Renovation Company is the worker who did the job at Mr.

Sadeghi's house. [ 3 ] The contract concerns the painting of Mr. Sadeghi's house located at […] , Mont-Royal, Quebec and some additional works such as removing titles and installing ceramics on the kitchen floor, removal of a wall, demolition of part of the kitchen and installation of gyprocs and some other tasks described on the invoice of October 27, 2010 [1] . [ 4 ] Mr. Heyder Sadeghi refuses to pay the balance of the invoice alleging that the work was not well done or was not done according to his instructions and within the delay.

He asked for a postponement of the audition, claiming that he is out of town. [ 5 ] It is the second time that Mr. Sadeghi asked for a postponement of the audition for the same reasons. According to Mr. Nasser, Mr. Sadeghi has a house in Montreal but works and lives partly in Iran. [ 6 ] Mr. Sadeghi's Motion for a second postponement is not granted. [ 7 ] Ms. Afsane Dehghan is present in Court to represent Mr. Sadeghi and has a mandate to do so. However, Ms. Afsane Dehghan has no knowledge of the facts relating to the case. She is testifying based on Mr.

Sadeghi 's letter. [ 8 ] She is advised by the Court that this constituted hearsay evidence and is not a valid proof to contradict the testimony of Mr. Nasser Ahanj and his son. [ 9 ] Mr. Nasser Ahanj proved that he has done the work described in the invoice of October 27, 2010. He also proved that he did not receive the full payment of his claim. [ 10 ] The Defendant Mr. Sadeghi did not prove the allegations of his defence.

FOR THESE REASONS, THE COURT: GRANTS the claim of the Plaintiff Nasser Renovation Company; CONDEMNS the Defendant Heyder Sadeghi to pay to Nasser Renovation Company the sum of $7,000.00 representing the balance of the contract including the taxes (GST and PST) with legal interest and the special indemnity provided for by

section 1619 of the Civil Code of the Province of Quebec as of the date of the mise en demeure of November 1, 2010; THE WHOLE with costs. __________________________________ MARIE MICHELLE LAVIGNE, J.c.Q

Date of hearing: November 10, 2014