2021 QCCQ 1452, 2021 QCCQ 1452

El Debs c. Leiffer 2021 QCCQ 1452 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Civil Division No: 500-32-707360-188 DATE: March 8, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ JOS EL DEBS Plaintiff v. LYDIA LEIFFER Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Me Jos El Debs, lawyer, is claiming from Ms.

Lydia Lieffer $11,702.64 for unpaid professional fees and expenses. [ 2 ] Ms. Lieffer files two contestations. In the first contestation of December 18, 2018, Ms. Lieffer alleges : “I do not agree with the fees. It was agreed that all communications would be in English. Therefore I do not fully understand, even partially the documents sent to me for which I signed. Before adding documents or giving reasons, I need to have the documentation in English. I hope it is my right to have the documentation in English. Thank you.” [ 3 ] In the second contestation of May 27, 2019, Ms.

Lieffer states: "The fee is extremely excessive". [ 4 ] At trial, Ms. Lieffer argues that Me El Debs’ $250 hourly rate is too high, given that he is a lawyer with less than ten years of practice. Also, she adds that it was agreed with Me El Debs that his journeys to the courthouse would be on a lump sum basis, as agreed with her former lawyer. [ 5 ] Me El Debs bases his demand on a "Mandate agreement and professional fees" which provides for an hourly rate of $250, with all the usual clauses relating to such a contract, which Ms.

Lieffer signs on September 12, 2018 (P-1). [ 6 ] Me El Debs also produces his invoice dated November 15, 2018, which details the professional services provided with the related costs (P-2). ISSUES [ 7 ]

a) Does Me El Debs provides professional services to Ms. Lieffer up to the amount claimed?

b) Was there an agreement whereby Me El Debs charged a lump sum to Ms. Lieffer for his journeys to the courthouse? CONTEXT AND ANALYSIS [ 8 ] The "Mandate agreement and professional fees" signed by Ms. Lieffer on September 12, 2018, suffers from no ambiguity. She retains the services of Me El Debs on the basis of an hourly rate of $250, in addition to disbursements and applicable taxes. [ 9 ] Sections 2863 and 2865 of the Civil Code of Québec stipulate : 2863.

The parties to a juridical act set forth in a writing may not contradict or vary the terms of the writing by testimony unless there is a commencement of proof. 2865. A commencement of proof may arise from an admission or writing of the adverse party, his testimony or the production of real evidence, where it renders plausible the alleged fact. [ 10 ] Thus, Ms.

Lieffer cannot, by testimony, contradict the terms of the "Mandate agreement" P-1 since there is no commencement of proof from Me El Debs to contradict it or change its terms. [ 11 ] On the contrary, Me El Debs testifies that the only agreement that exists between the parties is the "Mandate agreement" P-1 which Ms. Lieffer signed with full knowledge of the facts since she received a copy of it a few days before it was signed. [ 12 ] At trial, Me El Debs justifies all professional services rendered to Ms. Lieffer, described in the invoice P-2 dated November 15, 2018.

[ 13 ] After analyzing the evidence presented, the Court concludes that Ms. Lieffer does not present any evidence allowing the Court to question the terms and conditions of the "Mandate agreement" P-1 or to declare the invoice P-2 in support of Me El Debs' claim unreasonable or excessive. [ 14 ] Moreover, Ms. Lieffer's financial problems cannot constitute grounds for avoiding the payment of fees and disbursements due as a result of the P-1 "Mandate agreement" which she signed voluntarily and without coercion. [ 15 ] Finally, as stipulated in the "Mandate agreement" P-1, since Ms. Lieffer decides to terminate the mandate of Me El Debs, she must pay the amount due to him, as it appears from

article 13 of this contract. FOR THESE REASONS, THE COURT: CONDEMNS Lydia Lieffer to pay Jos El Debs $11,702.64 with interest at the agreed rate of 15% a year from December 13, 2018, the date of the summons; CONDEMNS Lydia Lieffer to pay Jos El Debs $202 as legal costs. _________________________________ Henri Richard, J.C.Q. Date of hearing: February 22, 2021