2011 QCCQ 5569, 2011 QCCQ 5569
Opinion
Singer c. King 2011 QCCQ 5569 COURT OF QUEBEC (Small Claims Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-117338-097 DATE: April 14, 2011 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ COLIN R. SINGER […] Westmount (Quebec) […] Plaintiff v.
ANDREW KING […] Mohterwell Lanarkshire […] United Kingdom Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff, an attorney, claims from the Defendant the fees for professional services rendered with respect to the Defendant's immigration to Canada. [ 2 ] Although the Defendant did not attend the hearing to contest Plaintiff's claim, the Court heard the evidence provided by the Plaintiff and reviewed the documentation submitted, more particularly the Contract of Engagement. [1] [ 3 ] A description of the fees to be charged appears at
Section 1 of the Contract, more particularly at sub-section a), which provides for a first payment of $1,000, which was in fact paid by the Defendant. [ 4 ] Plaintiff now claims the fees described in sub-section b), namely $2,500, to be paid upon presentation of a Labour Market and Relocation report. [ 5 ] As appears from the exchange of emails, [2] the Defendant did receive this report and no complaints were made by him at the time, concerning the content of the report. [ 6 ] The Court is convinced that the services were provided by the Plaintiff and he is justified in claiming the fees of $2,500, with interest as of the date of the demand letter of May 15, 2009.
FOR THESE REASONS, THE COURT: GRANTS Plaintiff's action; CONDEMNS the Defendant to pay to Plaintiff the sum of $2,500, plus the interest at the legal rate and the additional indemnity provided by
Article 1619 of the Civil Code of Quebec as of May 15, 2009; WITH FEES in the amount of $99 representing the judicial stamp of the demand. __________________________________ DIANE QUENNEVILLE, J.C.Q.
Date of hearing: April 4, 2011
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