2018 QCCQ 2161, 2018 QCCQ 2161
Opinion
Olivas c. Medina 2018 QCCQ 2161 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-700098-165 DATE: March 5, 2018 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.C.Q. ______________________________________________________________________ LILY OLIVAS Plaintiff v.
LEON JORGE MEDINA Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] Plaintiff is claiming from Defendant the sum of $500.00 for unpaid services rendered at the request and for the benefit of Defendant in relation to the promotion of a “show” called “La Tilica” that was held in Montreal on October 30, 2016.
Plaintiff also claims an amount of $13.79 in reimbursement of the costs of registered mail. [ 2 ] Defendant has contested Plaintiff’s demand and has furthermore filed a cross-demand in the amount of $820.00 representing the damages he alleges to have sustained as a result of the alleged unsatisfactory execution of the contract by Plaintiff. [ 3 ] CONSIDERING the testimony and documentary evidence adduced at trial ; [ 4 ] CONSIDERING that Plaintiff has established that she is entitled to claim from Defendant the sum of $513.79 ; [ 5 ] CONSIDERING that Defendant has established that he has suffered damages in the amount of $160.00 as a result of the manner in which Plaintiff executed the service contract concluded between the parties ; [ 6 ] CONSIDERING that both parties were justified in instituting their respective judicial demands ; [ 7 ] CONSIDERING the preceding and for the reasons enunciated verbally at the hearing ; THE COURT : MAINTAINS Plaintiff’s demand for the amount of $513.79 ; MAINTAINS in part, Defendant’s cross-demand for the amount of $160.00 APPLIES compensation between the amounts that the parties respectively owe each other ; CONDEMNS Defendant to pay to Plaintiff the sum of $353.79 plus interest at the legal rate of 5% per annum and the additional indemnity pursuant to the provisions of
article C.C.Q. 1619 as of November 28, 2016 ; THE WHOLE without judicial costs. __________________________________ ARMANDO AZNAR, J.C.Q.
Date of hearing: March 5, 2018
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