2013 QCCQ 3294, 2013 QCCQ 3294
Opinion
9146-4503 Québec inc. c. Todorovic 2013 QCCQ 3294 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-130468-111 DATE: April 12, 2013 ______________________________________________________________________ PRESIDED BY THE HONOURABLE HENRI RICHARD, J.C.Q. ______________________________________________________________________ 9146-4503 QUÉBEC INC. Plaintiff v. SONIA TODOROVIC and 6444750 CANADA INC.
Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ Issue [ 1 ] Is Plaintiff’s action prescribed ? [ 2 ] This question must be answered in the affirmative for the following reasons. The facts and analysis [ 3 ] Plaintiff claims from Defendants $10,867.05 as unpaid renovation costs.
In order to give jurisdiction to the Small Claims Division of the Court of Québec, Plaintiff accepts to reduce its claim to $7,000. [ 4 ] In defense, Defendants plead the non-admissibility of the Plaintiff’s action because of prescription [1] . [ 5 ] On September 6, 2008, Plaintiff invoiced Defendants for renovation work performed between August 15 and August 29, 2008.
This invoice indicates: Total cost, until September 2, 2008, is $10,867.05. [ 6 ] Defendants never recognized the merits of those renovation costs claimed by Plaintiff. [ 7 ] The action in the present instance is instituted on September 30, 2011. [ 8 ]
Article 2925 of the Civil Code of Québec reads: “ 2925. An action to enforce a personal right or movable real right is prescribed by three years, if the prescriptive period is not otherwise established. “ [ 9 ] From this article, Plaintiff’s action should have been instituted on or before September 2, 2011. [ 10 ] Also, the evidence shows no ground of interruption or suspension of prescription. [ 11 ] This being, Plaintiff’s action is prescribed and its claim must be dismissed. THEREFORE, the Court:
DISMISSES Plaintiff's claim; CONDEMNS Plaintiff to pay to Defendants $194 as judicial fees. __________________________________ Henri Richard, J.C.Q. Date of hearing: April 9, 2013
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