2018 QCCQ 7986, 2018 QCCQ 7986

Glasz (Hanna Glasz & Sher) c. Pitts 2018 QCCQ 7986 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-702148-174 DATE: October 19, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ GABOR GLASZ doing business under the style and trade name of HANNA GLASZ & SHER Plaintiff v.

GARY PITTS Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff is a lawyer. He is suing defendant, on account, for professional services rendered, for an amount of $3,896.77. [ 2 ] In his contestation, defendant alleges as follows: “ 1. Me Glasz’ claim for legal fees is illegal and contravenes the Bar Act and Code de Déontologie des Avocats . 2. The legal mandate Exhibit P-1 is illegal as it contravenes the Interest Act and the Bar Act. Me Glasz is incompetent as a lawyer. 3.

Me Glasz has breached his legal mandate and is guilty of professional malpractice. 4.

I ask that all my legal rights and recourses be reserved.” [ 3 ] GIVEN the evidence, including the parties’ testimony, as well as exhibits P-1 to P-7 and D-1 to D-6; [ 4 ] GIVEN the mandate and fee agreement which intervened between the parties, on February 14, 2017 (“the Agreement”) (exhibit P-1) ; [ 5 ] WHEREAS the parties agreed to an hourly rate of $350.00 for plaintiff’s services (par. 2 of the Agreement); [ 6 ] WHEREAS par. 3 of the Agreement sets out the fees for telephone calls, letters and travel time; [ 7 ] WHEREAS, in par. 6 of the Agreement, it is stated that “outstanding account(

s) will bear interest at the monthly rate of 1%, or 12% per annum”; [ 8 ] WHEREAS , in its par. 7, the Agreement states that the attorney undertakes to send “a number of interim detailed invoices… so

that the client may keep track of the cost of the legal services provided as the file progresses”; [ 9 ] WHEREAS , accordingly, plaintiff sent defendant 2 invoices, one on February 16, 2017, for $3,822.92 (exhibit P-2) and another on April 5, 2017, for $1,073.85 (exhibit P -3); [ 10 ] WHEREAS the balance owing is $3,896.77; [ 11 ] WHEREAS plaintiff’s invoices respect the terms and conditions of the Agreement; [ 12 ] WHEREAS the services rendered are detailed and billed at $350.00 per hour; [ 13 ] WHEREAS , at trial, defendant admitted that the services, as described in the invoices, were indeed rendered by plaintiff and are “accurate”; [ 14 ] WHEREAS , however, according to defendant, all plaintiff did, at Court, on February 15, 2017, “was wait”; [ 15 ] WHEREAS the evidence proves otherwise, as can be gleaned from sworn statements exhibit P-7, en liasse , and the minutes of the hearing which took place, on even date, before the Superior Court ( procès-verbal d’audience , exhibit D-1); [ 16 ] WHEREAS defendant’s other recriminations regarding the judicial district where the motion was filed and the choice of a French-speaking court-ordered lawyer for defendant’s mother, without his consent, do not constitute professional errors; [ 17 ] WHEREAS the Agreement is not “illegal”, nor does it contravene either the Act respecting the Barreau du Québec , [1] or the Code of Professional Conduct of Lawyers , [2] and more particularly, sections 99 ff thereof; [ 18 ] WHEREAS , furthermore, the Agreement does not contravene the Interest Act ; [3] [ 19 ] WHEREAS plaintiff proved the facts alleged in his application, by a preponderance of evidence; [ 20 ] WHEREAS defendant did not prove, by preponderance of evidence (arts. 2803 and 2804 of the Civil Code of Québec ), that plaintiff breached his contractual obligations, nor that he is “guilty of malpractice”; [ 21 ] WHEREAS plaintiff fulfilled all of his legal and contractual obligations towards defendant, and defendant did not; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's claim; CONDEMNS defendant to pay plaintiff the sum of $3,896.77, plus interest at the annual rate of 12% and the additional indemnity provided for in

article 1619 of the Civil Code of Québec , from June 9, 2017, and legal costs in the amount of $100.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: September 18, 2018