2013 QCCQ 11477, 2013 QCCQ 11477

Bardagi Senechal inc. c. Zakarian 2013 QCCQ 11477 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-128048-115 DATE: October 9, 2013 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR ______________________________________________________________________ BARDAGI SENECHAL INC. 28 Notre-Dame East, Suite 302, Montréal QC H2Y 1B9 Plaintiff v.

ROBERT ZAKARIAN […] , Terrebonne QC […] Defendant ______________________________________________________________________ RECTIFIED JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff, a law firm, claims from Defendant the sum of $ 658.43 for professional services rendered at the request and for the benefit of said Defendant. [ 2 ] Defendant contests Plaintiff's action alleging that the fees claimed are excessive and that, furthermore, an agreement to settle Plaintiff's account for a sum of $ 450 was concluded between the parties. [ 3 ] According to Defendant, Me Paula Tiranardi, an attorney employed by Plaintiff, refused, without valid reason, to cash the cheques that were sent to her following the conclusion of the agreement. [ 4 ] Defendant also has filed a cross-demand claiming from Plaintiff a sum of $ 259, detailed as follows:

a) courts stamp of the contestation: $ 59

b) loss of time: $ 200 [ 5 ] The evidence adduced at trial has revealed that the services of Me Tiranardi were, in fact, retained by the Defendant sometime in the summer of 2008 in regard to a dispute opposing him to his ex-wife. [ 6 ] As Defendant could not afford to have a lawyer representing him in court, the services to be rendered by Me Tiranardi were to be limited to legal counsel without court representation. [ 7 ] Defendant received five bills for professional services rendered by Me Tiranardi.

The first two bills were paid without any contestation on his part. [ 8 ] The dispute opposing the parties concerns the last three bills sent to Defendant.

These bills are dated August 1, 2009, September 1, 2009 and November 1, 2009 and they are respectively in the amounts of $ 213.99, $ 49.39 and $ 395.05. [ 9 ] At the hearing, Defendant acknowledged owing the amount claimed by Plaintiff in the bill dated November 1, 2009 in the amount of $ 395.05. [ 10 ] Me Tiranardi did testify that she was willing to settle the case out of court for an amount of $ 450 but considering the inscription made on the cheques sent to her by Defendant (for b… s… legal fees), she considered that the proposed payments were being made by Defendant "under protest".

That is why she did accept them. [ 11 ] Considering the preceding, the Court concludes that the inscriptions written by Defendant on the cheques do not reflect his willingness to settle the case unconditionally. Me Tiranardi was therefore justified to return them to Plaintiff and to consider that the case had not been settled. [ 12 ] As no settlement out of Court has in fact been concluded between the parties, Defendant's contestation based on the existence of

a transaction is dismissed. [ 13 ] Concerning the fees claimed by Plaintiff, the examination of the bills sent to Defendant as well as the time sheets regarding the said bills do not reveal that they are excessive. [ 14 ] Consequently, considering that Plaintiff has established that the action is well founded in fact and the law, it is maintained for the full amount claimed and Defendant's cross-demand is dismissed. [ 15 ] Finally, pursuant to

article 986 C.c.P , the Court allows Defendant to satisfy the judgment rendered, in capital, interests and costs, by way of consecutive monthly instalments in the amount of $ 200 each commencing on November 15, 2013. WHerefore, FOR the foregoing reasons, the Court: GRANTS Plaintiff's action; CONDEMNS Defendant to pay to Plaintiff the sum of $ 658.43 with interests and the additional indemnity provided for by

article 1619 C.c.Q. as of January 28, 2011; THE WHOLE WITH COSTS limited to the judicial disbursements incurred by Plaintiff; DISMISSES Defendant's cross-demand, WITHOUT COSTS; ALLOWS Defendant to satisfy the present judgment in capital, interest and costs by way of equal monthly installments in the amount of $ 200 each commencing on November 15, 2013, the whole pursuant to

article 986 C.c.p. __________________________________ ARMANDO AZNAR, J.Q.C. Date of hearing: October 1, 2013