2019 QCCQ 550, 2019 QCCQ 550

Polyzos c. Tarabay 2019 QCCQ 550 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-702101-173 DATE: February 6, 2019 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ NICHOLAS POLYZOS Plaintiff v.

LOR SAIDY TARABAY and LAURANCE CHEDIAC Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including the testimony of plaintiff and defendant Laurance Chediac, as well as exhibits P-1 to P-8 and D-1 to D-9; [ 2 ] GIVEN , furthermore, the notice of suspension of proceedings filed by Drucker & Associés Inc., trustees in bankruptcy, on July 11, 2017, in the matter of the bankruptcy of Laurance Chediac; [ 3 ] WHEREAS, in June, 2016, Chediac retained the services of plaintiff, who is a notary, on her behalf and on behalf of Tarabay, her mother, following the death of her brother and Tarabay’s son Marcel Chediac; [ 4 ] WHEREAS plaintiff is suing defendants, on account, for professional services rendered; [ 5 ] WHEREAS no written fee agreement intervened between the parties; [ 6 ] WHEREAS plaintiff had an obligation to inform his client of the approximate cost of his services; [1] [ 7 ] WHEREAS plaintiff alleges that he advised Chediac of the amount of his fees, at their initial meeting; [ 8 ] WHEREAS , however, plaintiff’s notes regarding his first meeting with Chediac, written in blue ink on 2 loose pages contained in plaintiff’s file, do not corroborate this allegation; [ 9 ] GIVEN s. 51 of the Code of ethics of notaries , a reduction of plaintiff’s fees is warranted; [2] [ 10 ] WHEREAS a reduction is further warranted, as defendants were obliged to have another notary redo some of plaintiff’s work,

for the reasons explained by Chediac at trial (declaration of transmission, exhibit D-3 and statement of account, exhibit D-1); [ 11 ] WHEREAS , what is more, when one compares the professional fees of both notaries, it would appear that plaintiff’s fees were exaggerated; [ 12 ] WHEREAS plaintiff’s fees must also be reduced, as plaintiff posed a reprehensible act towards his clients, by threatening to report them to the tax authorities, simply because they were contesting his fees and exercising their legal rights; [ 13 ] WHEREAS plaintiff wrote the following email to Chediac, on May 18, 2017: “By the way, not only will I be suing your mother in small claims court for my unpaid fees, I plan to write a letter to the Government of Quebec, social services, to investigate for what I suspect to be her absence from this country beyond the necessary requirements of law that entitle her to all our hard earned tax dollar benefits i.e.

Medicare, etc.” (email, exhibit P-7) [ 14 ] WHEREAS , Chediac responded to plaintiff’s threat as follows: “[…] Lastly, we do not appreciate your threats. My mom has done nothing illegal. She had not been to Lebanon in years due to her struggles with depression and her need to be followed by a Psychiatrist here! She is aware she can not reside outside the country for more than 6 months under normal circumstances! As for the taxes we pay, we are included in there and so was my brother who paid taxes and will not profit from his pension!

On another note, with all the debts and the steady decline of the industry, my mom may also be forced to declare bankcruptcy. So please, do not threaten us. We have lost Our Beloved Marcel which no amount of money is worth. Next time, it may be best to think of the client a little more as well. The other notary was very surprised about the rates we were charged!

Thank you.” (sic) (email dated May 18, 2017, exhibit P-7) [ 15 ] WHEREAS it should be noted that defendants paid plaintiff an amount of $1,440.00 for his work (statement, exhibit P-8); [ 16 ] WHEREAS , for all of the above reasons, the Court hereby reduces the balance owed by Tarabay, to zero; [ 17 ] GIVEN the above-mentioned notice of suspension of proceedings; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's claim against Lor Saidy Tarabay, with court fees in the amount of $100.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: November 26, 2018