2013 QCCQ 4745, 2013 QCCQ 4745

JH 5371 Plomberie et chauffage Abe Cohen inc. c. Lawrence 2013 QCCQ 4745 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONREAL Civil Division No: 500-32-131137-111 DATE: May 10, 2013 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ PLOMBERIE ET CHAUFFAGE ABE COHEN INC. Plaintiff v.

HARLEY LAWRENCE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Is Harley Lawrence obliged to pay the Court costs in this case? This is the only question in debate. [ 2 ] In November 2010, Abe Cohen plumbing and heating Inc. (Abe Cohen) made a quote to install the required gas lines for the boilers, hot water tanks and kitchen appliances in a home that Mr.

Lawrence was renovating. [ 3 ] The quote specifically indicated that the installation of the appliances was not included in the scope of the work. [ 4 ] Mr. Lawrence paid a deposit of $4,000 in January of 2011 and a further $600 in June of 2011. [ 5 ] Mr. Lawrence states that he held back a sum of $1,015,53 in order to have the appliances verified. Abe Cohen repeated that this type of work was not within its expertise. The sub-trade initially retained by Mr. Lawrence reneged and the appliances were not installed until 12 months later. [ 6 ] In October 2011, Mr.

Lawrence received the demand letter for the balance of the contract. When Jeffrey Unger, representative of Abe Cohen advised Mr. Lawrence that he would be undertaking legal proceedings and that Court costs will then become due, Mr. Lawrence responded, " That's the cost of doing business ". [ 7 ] On November 18, 2011, Abe Cohen filed its demand claiming in the Court record the balance of the contract. [ 8 ] On January 5, 2012, Mr. Lawrence paid the balance justifying his tardiness for the reasons stated above. [ 9 ] In his contestation, M.

Lawrence alleges that he rightly delayed payment until the kitchen appliances were verified as functional. ANALYSIS [ 10 ] The installation of the appliances was never a part of Abe Cohen's contract. Therefore, it could not verify the good functioning of the same. It specifically refused to undertake to do so. [ 11 ] The delays prior to Mr. Lawrence having his appliances installed and verified are not the responsibility of Abe Cohen who had in fact completed its work on or about November 30, 2010. Mr.

Lawrence has proven no contractual fault on the part of Abe Cohen and therefore no reason to withhold the balance of his payment until after being sued. [ 12 ]

Article 477 of the Code of Civil procedure states: 477. The losing party must pay all costs, including the costs of the stenographer, unless by decision giving reasons the court reduces or compensates them, or orders otherwise. [ 13 ] Considering that Mr. Lawrence has proven no circumstance that would justify the Court to abstain from applying this general rule, the claim for legal costs is founded.

FOR THESE REASONS, THE COURT: CONDEMNS Harley Lawrence to pay the legal costs in the amount of $148 to Plomberie et Chauffage Abe Cohen Inc. __________________________________ Scott Hughes, J.C.Q. Date of hearing: April 15, 2013