Blanchet c. O'Connell 2013 QCCQ 3085 COURT OF QUEBEC "Small Claims Division" CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division N° : 500-32-129748-119 DATE : April 9, 2013 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ MARC BLANCHET Plaintiff v.

KATHLEEN O'CONNELL Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS a contract for cleaning services intervened between the parties, on July 11, 2011; [ 3 ] WHEREAS , according to the preponderance of evidence, plaintiff carried out the requested services, at defendant's home, with prudence and diligence, in accordance with usual practice and the rules of art and in conformity with the contract; [ 4 ] WHEREAS defendant failed to prove her allegations of "unacceptable" services ( articles 2803 and 2804 of the Civil Code of Quebec ); [ 5 ] WHEREAS , furthermore,

article 2109 C.C.Q. states: "2109. Where the price is fixed by the contract, the client shall pay the price agreed, and may not claim a reduction of the price on the ground that the work or service required less effort or cost less than had been foreseen." WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application; CONDEMNS defendant to pay plaintiff the sum of $325.00, with interest at the annual rate of 5% and the additional indemnity provided for in

article 1619 C.C.Q., as of July 12, 2011, plus the judicial fees. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing : March 12, 2013