2014 QCCQ 2126, 2014 QCCQ 2126

Sharifzadeh c. Chouinard 2014 QCCQ 2126 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-132427-123 DATE: March 18, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ DR. BITA SHARIFZADEH […] Westmount, Quebec […] Plaintiff v.

DANIÈLE CHOUINARD […] Mont-Royal, Quebec […] Defendant PAUL GAGNÉ […] Montreal, Quebec […] Impleaded party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS , at trial, plaintiff reduced her claim to $3,098.00; [ 2 ] GIVEN the evidence; [ 3 ] WHEREAS , according to the preponderance of evidence, both Danièle Chouinard and Paul Gagné retained the professional services of plaintiff to treat their son; [ 4 ] WHEREAS , in her contestation, Chouinard claims that she was "not a party to the agreement entered into between Paul Gagné and Dr.

Bita Sharifzadeh", and that she was "not aware of the services rendered to Paul Gagné or Jonathan Gagné (except one visit)"; [ 5 ] WHEREAS the Court believes this to be highly unlikely; [ 6 ] GIVEN plaintiff's testimony and the corroborating testimony of Dr.

Michaela Georgescu, as well as Chouinard's testimony and that of Gagné; [ 7 ] GIVEN Chouinard's repeated verbal undertakings to acquit plaintiff's fees; [ 8 ] GIVEN the contents of psychological treatment report exhibit D-3 and its numerous references to Chouinard; [ 9 ] WHEREAS it appears, from the preponderance of evidence, that the services described at trial, relating to the months of November and December, 2010, were indeed rendered; [ 10 ] WHEREAS Chouinard was aware of plaintiff's hourly rate of $150.00; [ 11 ] WHEREAS the services were rendered at both Chouinard and Gagné's requests;

[ 12 ] WHEREAS Chouinard is liable for payment of plaintiff's fees for services rendered at her request, to her knowledge and for her child's benefit, in November ($1,650.00) and December 2010 ($1,250.00); [ 13 ] WHEREAS there was no prior agreement as to late payment interest fees, and plaintiff is therefore not entitled thereto; [ 14 ] WHEREAS Chouinard is therefore liable to plaintiff for the payment of $2,900.00, representing her fees for professional services rendered; [ 15 ] WHEREAS Chouinard impleaded Gagné as a third party, as she deemed his presence necessary to permit a complete resolution of the dispute; [ 16 ] WHEREAS in

section 3.3 of her contestation Chouinard gives the following grounds for so doing: "Section 3.3 IMPLEADED PARTY ⊠ I wish to implead another party (natural or legal person) to permit a complete resolution of the dispute, on the following grounds: Mr. Gagné and Mrs. Bita have contracted together without the defendant's involvement nor approval." [ 17 ] WHEREAS , as above-stated, the Court believes this to be highly unlikely; [ 18 ] WHEREAS , despite having been given the opportunity to do so at trial, plaintiff refused to amend her application to add Gagné as a co-defendant; [ 19 ] GIVEN the principles stated in Caplette c. Empire Maintenance Ltd .,

(1985) C.S. 515 ; [ 20 ] GIVEN Chouinard's motion to implead (arts. 216 and 969 C.C.P.); WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application, in part; SENTENCES Danièle Chouinard to pay plaintiff $2,900.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of March 5, 2011, and the judicial fees of $132.00; GRANTS Danièle Chouinard's motion to implead Paul Gagné, in part; SENTENCES Paul Gagné to pay Danièle Chouinard 50% of the above amount including interest, legal indemnity and fees. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: March 3 rd , 2014