2014 QCCQ 2349, 2014 QCCQ 2349
Opinion
Ashkenazy c. Irving 2014 QCCQ 2349 COURT OF QUEBEC (Small Claims Court) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL No: 500-32-132657-125 DATE: February 10, 2014 ______________________________________________________________________ BY THE HONOURABLE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ COOPER ASHKENAZY Plaintiff v.
OVIDA IRVING Defendant ______________________________________________________________________ JUDGMENT RENDERED ORALLY ______________________________________________________________________ [ 1 ] Plaintiff is a law firm operating under the name of Hamilton, Cooper, Ashkenazy. [ 2 ] This firm was retained by the Defendant Ovida Irving to represent her in 2 cases 760-04-003549-996 and 760-17-001758-088. [ 3 ] An account for professional services rendered was sent to the Defendant. This account totals $5,641.44. [ 4 ] Although, Defendant recognized owing this sum, she represented to Mr.
Ashkenazy that she could not pay these fees before the settlement of the 2 cases. [ 5 ] It appears from the Court records, that these cases were settled on February 6, 2013. The amount became due as of that date. [ 6 ] Defendant still represents that she does not have the financial means to pay the amount claimed. However, it is not the Court's responsibility to decide upon the execution of this judgment. It will be the object of further proceedings that the Court is not seized with today.
FOR THESE REASONS, THE COURT: GRANTS the present Motion; CONDEMNS Defendant Ovida Irving to pay to Plaintiff Cooper Ashkenazy the amount of $5,641,44 plus interest at the legal rate and the special indemnity provided for by
section 1619 of the Civil Code of the Province of Quebec as of the date of the institution of the present proceedings, February 6, 2012; THE WHOLE WITH costs. __________________________________ MARIE MICHELLE LAVIGNE, J.C.Q Date of hearing: February 10, 2014
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