2021 QCCQ 1451, 2021 QCCQ 1451

Ionata c. Wan 2021 QCCQ 1451 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Civil Division No: 500-32-707125-185 DATE: March 8, 2021 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD, J.C.Q. ______________________________________________________________________ JOSEPH IONATA Plaintiff v.

JIANGWEI WAN et JIE HAN Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Me Joseph Ionata, lawyer, claims solidarily from Ms. Wan and Ms. Han the payment of his professional fees in the amount of $459.90 for the preparation of a commercial lease. [ 2 ] The court file reveals that only Ms.

Han filed a contestation, accompanied by a tender of $229.95, representing half of the amount claimed by Me Ionata, which he accepted as partial payment. [ 3 ] That being the case, Me Ionata's claim amounts to $229.95. [ 4 ] At trial, Ms. Wan is present, although she is in default of contesting Me Ionata's claim. She is accompanied by her husband, Mr. Xiao Cheng He, who attempts to explain why half of Me Ionata's fees remain unpaid. [ 5 ] Me Ionata is opposed to the testimony of Mr.

Xiao Cheng He and maintains that he has no personal knowledge of the circumstances surrounding the execution of the mandate entrusted by the representative of Ms. Han and Ms. Wan, Mr. Guillaume Liu. [ 6 ] Astonishingly, Mr. Guillaume Liu does not testify at the trial to explain the purpose of the mandate entrusted to Me Ionata and the circumstances of its execution. [ 7 ] However, since Ms.

Wan does not file any contestation in the court record, the Court cannot allow her testimony or her husband's testimony to contest Me Ionata's claim. [ 8 ] Consequently, the Court finds that Me Ionata establishes the merits of his claim, unlike the defendant Wan, who does not produce any grounds for a contestation, and the absence of a witness to explain Ms. Han's reasons for contesting the claim. FOR THESE REASONS, THE COURT: CONDEMNS solidarily Jiangwei Wan and Jie Han to pay Joseph Ionata $229.95, with interest at the legal rate and the additional indemnity provided for in

section 1619 of the Civil Code of Québec , since November 20, 2018, the date of the summons; CONDEMNS solidarily Jiangwei Wan and Jie Han to pay Joseph Ionata $101 as legal costs. __________________________________ Henri Richard, J.C.Q. Date of hearing: February 23, 2021