2021 QCCQ 2559, 2021 QCCQ 2559

Plomberie Chauffage FLR inc. c. Lowson 2021 QCCQ 2559 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE DE QUÉBEC DISTRICT OF MONTRÉAL Civil Division N° : 500-32-707607-182 DATE : April 7, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ PLOMBERIE CHAUFFAGE FLR INC. Plaintiff v.

WILLIAM LOWSON Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plomberie Chauffage FLR inc. ( FLR ) is claiming from William Lowson $1,050.54 for plumbing work done to his building ($1,038.54) and the fees for sending a formal notice ($12.00). [ 2 ] In his contestation, Mr. Lowson pleads: The claim is not valid because the job was paid for on a previous visit but the work not done. There are items on the invoice that were not requested. [ 3 ] The Court observes that Mr.

Lowson does not file any cross-application to recover any damages from FLR or any reduction in the invoice filed in support of its application (P-1). [ 4 ] The invoice is dated February 26, 2018 and describes the work performed by FLR representatives for the benefit of Mr. Lowson. Under the heading "CONDITIONS" it states : Payable à la réception, 1,5% de frais d’administration par mois (18% par anné

e) sur tout compte en souffrance. Payable upon receipt, 1.5% monthly administration fee (18% per year) on all past due accounts. J’approuve les pièces, matériaux, ainsi que le temps requis et le déplacement pour effectuer les travaux ci-haut mentionnés. I accept parts, material, also labor and travelling time requested to execute the work above mentioned. [ 5 ] This clause is duly signed by Mr. Lowson's wife. This being the case, the invoice P-1 is now a contract. [ 6 ] A few weeks before the work described in invoice P-1, FLR's services were required to unclog the floor drain in Mr.

Lawson's building. [ 7 ] Between the January and February 2018 work, no problems arise. [ 8 ] On February 26, 2018, Mr. Lowson noticed a back-up of the same floor drain, which led to the work described in the invoice P- 1. [ 9 ] Mr. Lowson alleges and testifies that he should not pay for the January 2018 work, in the amount of $267.32, since it was unnecessary, considering the backflow observed in February 2018. [ 10 ] The Court cannot consider Mr.

Lowson's allegations and statements regarding the January 2018 work, as he makes no cross- application to claim any amount from FLR as a reduction of the invoice claimed in the present proceedings. [ 11 ] Considering the clear terms of the invoice P-1, which became a contract by the signature of Mr. Lowson's wife, the Court has no choice but to grant the application. [ 12 ] Finally, the Court adds that the signature of Mr. Lowson's wife does not constitute a mere acknowledgement of receipt of this invoice, but is legally binding on Mr. Lowson as part of a contract.

He cannot, therefore, complain about the number of hours required to perform the work or any other aspect of this invoice, which has become a contract, given the signature that appears on it. FOR THESE REASONS, the Court:

CONDEMNS William Lowson to pay Plomberie Chauffage FLR inc. $1,038.54 with interest at 18% per year starting February 26, 2018; CONDEMNS William Lowson to pay Plomberie Chauffage FLR inc. $162.50 as legal costs and mailing fees. __________________________________ Henri Richard, J.C.Q. Date of hearing : March 22, 2021