Ascenseurs A-1 Technic inc. c. Yang 2012 QCCQ 7447 COURT OF QUEBEC "Small Claims Division" CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N° : 500-32-121777-108 DATE : October 3, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ LES ASCENSEURS A-1 TECHNIC INC. Plaintiff v.

XIUMING YANG and JIE WEI YANG and YONG WONG Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS two separate contracts for elevator repair services intervened between the parties, on March 21 and April 9, 2007 (exhibits P-1 and P-6); [ 3 ] WHEREAS defendants own the building wherein the elevator is located (4610 Queen Mary, Montreal); [ 4 ] WHEREAS plaintiff executed and terminated the work as requested by and for the benefit of defendants; [ 5 ] WHEREAS there is a balance owing of $3,495.15 on invoices TM-1644 and TM-1655; [ 6 ] WHEREAS defendant Jie Wei Yang promised to pay said balance, but neglected to do so; [ 7 ] WHEREAS , in this vein, defendant Jie Wei Yang issued false cheques (exhibit P-2); [ 8 ] WHEREAS plaintiff honoured its contractual obligations vis-à-vis defendants; [ 9 ] WHEREAS defendants' allegations of lack of interest, over-billing and faulty workmanship are unsubstantiated and without merit; [ 10 ] WHEREAS Jie Wei Yang's testimony was not credible; [ 11 ] WHEREAS defendants did not act in good faith; [ 12 ] GIVEN arts. 6, 7, 1375, 1458 and 2100 and following of the Civil Code of Quebec ; [ 13 ] WHEREAS , since plaintiff did not file evidence of having incurred any extrajudicial fees, the 30% penalty clause contained in work order P-1 cannot be applied; [ 14 ] GIVEN the 24% yearly rate of interest provided for in the contracts; [ 15 ] GIVEN defendant Wei Yang's promises to pay as of April, 2007, and GIVEN false cheques P-2 issued by him, dated May 18 and June 1, 2007; [ 16 ] GIVEN art. 1597 C.C.Q.;

WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application, in part; SENTENCES defendants jointly and severally to pay plaintiff the sum of $3,495.15, plus interest at the annual rate of 24%, from June 1, 2007, plus costs in the amount of $204.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing : September 24, 2012