2013 QCCQ 6366, 2013 QCCQ 6366

Schneider Avocat inc. c. Demes 2013 QCCQ 6366 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-128699-115 DATE: August 2, 2013 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ SCHNEIDER AVOCAT INC. 6900, boul. Décarie #3552, Montréal QC. H3X 2T8 Plaintiff v.

HICHEM DEMES […], Montréal QC. […] -and- SALAH SHAIKH […]3, Montréal QC. […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Schneider avocat inc. (« Schneider») is claiming $1,753.24 from Defendants Hichem Demes and Salah Shaikh for professional services rendered. Defendants, although duly notified of the hearing and called, were not present at trial. The evidence: [ 2 ] Mr. Demes and Mr. Shaikh consulted Schneider when an action was instituted against Mr. Demes, with Mr. Shaikh as intervener.

Mr. Demes signed an agreement for professional fees on December 1, 2010 and recognized in virtue of the agreement that he provided Schneider with the following mandate: « de faire des représentations devant le tribunal de première instance pour moi et en mon nom et/ou celui de Salah Shaikh, mise en cause pour les fins de litige devant le tribunal de première instance no.

C.S. 500-17-054811-099… » [ 3 ] Schneider appeared on behalf of each Defendant, prepared for and attended an examination of Plaintiff and obtained a copy of the stenographic notes of the examination. [ 4 ] Schneider sent both Defendants periodic invoices. Its account was paid with the exception of the balance which it is now claiming and which includes the cost of $843 for the stenographic notes. Analysis: [ 5 ] Schneider seeks the payment of the professional services rendered. The testimonial and documentary evidence establish, to the

satisfaction of the Court, that the services requested were provided and that the claim is founded. [ 6 ] Defendant Demes, in his contestation, states that he was in bankruptcy as of July 27, 2010.

The file indicates that he received a letter from Raymond Chabot inc. dated September 23, 2011 advising him of his discharge. [ 7 ] Given his bankruptcy and his subsequent discharge, he is released from all debts he incurred except those matters referred to in subsection 178 (1) of the Bankruptcy and Insolvency Act [1] . [ 8 ] Defendant Shaikh states in his contestation that the mandate for professional services is in the name of Mr. Demes and was signed by Mr. Demes. Mr. Shaikh submits he did not conclude any agreement with Schneider and Mr. Demes alone is responsible for Schneider’s fees. [ 9 ] Although Mr.

Shaikh did not sign the mandate, it covered services to be rendered on his behalf. Furthermore, Schneider appeared for Mr. Shaikh and the work he did was for the benefit of both Defendants. [ 10 ] To conclude that Mr. Shaikh is not responsible for the cost of the services rendered for his benefit would constitute unjust enrichment. Accordingly, the Court finds that Mr. Shaikh is responsible for the invoices to the same extent as Mr. Demes, with the exception of the amount of interest. [ 11 ] Given that only Mr.

Demes had agreed to pay a yearly interest of 24% on any outstanding amounts, the interest payable by Mr. Shaikh is at the legal rate. FOR THESE REASONS, THE COURT: GRANTS the action; CONDEMNS Salah Shaikh to pay Schneider avocat inc. $1,753.24 plus interest at the legal rate and the additional indemnity foreseen by

section 1619 of the Civil code of Quebec since April 11, 2011, plus judicial fees of $148. TAKES CONGNIZANCE of the action against Hichem Demes but considering his bankruptcy and subsequent discharge from the debts which occurred prior to the bankruptcy, the Court is precluded from rendering judgment against Mr. Demes. __________________________________ SUZANNE HANDMAN, J.C.Q. Date of hearing: June 4, 2013