2014 QCCQ 5258, 2014 QCCQ 5258
Opinion
Lavery, De Billy c. 8010757 Canada inc. 2014 QCCQ 5258 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL CIVIL DIVISION No: 500-22-209428-146 DATE: June 26, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ LAVERY, DE BILLY Plaintiff v. 8010757 CANADA INC. and HUSSEIN BAHSOUN Defendants ______________________________________________________________________ JUDGMENT RENDERED BY DEFAULT FROM THE BENCH ______________________________________________________________________ [ 1 ] WHEREAS defendants failed to appear at trial; [ 2 ] WHEREAS defendants' lawyer informed plaintiff's lawyer, this morning, in person, that defendants are no longer contesting the claim; [ 3 ] GIVEN the evidence; [ 4 ] WHEREAS plaintiff operates a law firm; [ 5 ] WHEREAS a contract for professional services intervened between the parties, on November 26, 2012 (exhibit P-1); [ 6 ] WHEREAS plaintiff rendered the professional services described in exhibit P-2 (en liasse), at the request and for the benefit of defendants; [ 7 ] WHEREAS defendants failed to acquit all of plaintiff's fees; [ 8 ] WHEREAS there remains an unpaid balance of $56,494.77 for invoices # 1198233 and # 1201644, respectively dated December 28, 2012 and February 20, 2013; [ 9 ] WHEREAS plaintiffs are jointly and severally liable towards plaintiff for payment thereof; [ 10 ] WHEREAS , as regards to the services alleged in paragraph 8 of the introductory motion, the Court hereby reserves plaintiff's right to claim said services at a later date; plaintiff shall nonetheless invoice accordingly, before claiming; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's introductory motion;
CONDEMNS defendants 8010757 Canada Inc. and Hussein Bahsoun to pay plaintiff the sum of $56,494.77, with 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 the date of the demand letter, that is to say December 13, 2013; THE WHOLE , with costs. __________________________________ ELIANA MARENGO, J.C.Q. Me Luc Thibaudeau Lavery, De Billy Lawyers for Plaintiff Me Kamel Balti Kadri Lawyer for Defendants Date of hearing: June 26, 2014
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