2014 QCCQ 9276, 2014 QCCQ 9276

Dionne Di Virgilio Attorneys c. Yanovitskaya 2014 QCCQ 9276 QUEBEC COURT " Small Claims Court " CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Division »

N° : 500-32-132546-120 DATE : September 2 nd , 2014 ______________________________________________________________________ BY THE HONORABLE SYLVIE LACHAPELLE, J.C.Q. ______________________________________________________________________ DIONNE DI VIRGILIO ATTORNEYS Plaintiff vs MARINA YANOVITSKAYA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On October 21 st , 2011, Plaintiff, Dionne Di Virgilio Attorneys, represented by Mrs. Angela Di Virgilio ("Mrs.

Di Virgilio"), who acted on behalf of Defendant, Mrs. Marina Yanovitskaya ("Mrs. Yanovitskaya") in a family matter invoiced the latter for professional services rendered in the amount of $1,249. [ 2 ] Mrs. Yanovitskaya had previously given an amount of $2,000 for the retainer but Dionne Di Virgilio erroneously indicated on the invoice ( P-3 ) that the retainer was of $2,500. [ 3 ] Consequently a payment was applied from the trust account and a cheque in the amount of $1,250.81 was sent to Mrs.

Yanovitskaya in reimbursement of the retainer with the result that the latter received an overpayment of $500. [ 4 ] When Mrs. Yanovitskaya was informed by Mrs. Di Virgilio of that error and was asked to reimburse $500, she refused to do so. [ 5 ] On November 23 rd , 2011, Dionne Di Virgilio sent a demand letter to Mrs. Yanovitskaya to request the overpayment but in response, the latter asked, on December 4 th , 2011 to be reimbursed of the total amount of the invoice of $1,249. [ 6 ] Mrs. Yanovitskaya alleged that Mrs.

Di Virgilio did not take the appropriate legal proceedings adding that the latter actually worked against her interest. [ 7 ] Thus, Mrs. Yanovitskaya introduced a counter-claim and asked that Dionne Di Virgilio pays her back $749.19 rather than $1,249 taking into account the overpayment of $500. [ 8 ] Mrs. Di Virgilio testified that she was given the mandate by Mrs. Yanovitskaya to contest a Motion to Revocate the Judgment of Divorce and Safeguard Order at an hourly rate of $200 as it appears from the professional mandate ( P-1 ) signed by Mrs. Yanovitskaya. [ 9 ] To contest the motion, Mrs.

Di Virgilio prepared the proceedings to which was attached a detailed affidavit based on the facts as they were provided by Mrs. Yanovitskaya at the time. Judgment [ 10 ] CONSIDERING that Mrs. Yanovitskaya agreed to pay an hourly rate of $200; [ 11 ] CONSIDERING that Mrs. Yanovitskaya neither proved that Mrs. Di Virgilio misinterpreted the facts described to her nor that Mrs. Di Virgilio worked against her interest; [ 12 ] CONSIDERING that the fees charged by Mrs.

Di Virgilio were justified and reasonable in the circumstances; [ 13 ] CONSIDERING that Dionne Di Virgilio made by mistake an overpayment of $500 to Mrs. Yanovitskaya.

FOR THESE REASONS, THE COURT: GRANTS Plaintiff's Motion Introductory of Suit; CONDEMNS Defendant to pay to Plaintiff the amount of $500, plus interest at the legal rate of 5% plus the special indemnity provided for by the Civil Code of Québec as of the date of the demand letter dated November 23 rd , 2011; DISMISSES Defendant's counter-claim; WITH COSTS. __________________________________ SYLVIE LACHAPELLE, J.C.Q. Hearing Date: March 24 th , 2014