2011 QCCQ 4750, 2011 QCCQ 4750

Kornacki c. Harfouche 2011 QCCQ 4750 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-126807-116 DATE: May 12, 2011 ______________________________________________________________________ BY THE HONOURABLE JULIE VEILLEUX, J.C.Q. ______________________________________________________________________ EDITH KORNACKI Plaintiff v.

CHRISTIANE HARFOUCHE Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The hearing took place this day without Defendant, who was not present although a notice of convocation was sent to her on March 22, 2011 at her latest address, and although she was called numerous times until 14:15. [ 2 ] Plaintiff claims an amount $360 for professional services rendered to Defendant. CONTEXT [ 3 ] Plaintiff is a psychologist and was referred Defendant for psychotherapy.

An assessment appointment took place on December 17, 2008 where the hourly fee of Plaintiff was discussed, $120, together with her 24-hour cancellation policy. [ 4 ] Defendant’s next appointment was scheduled on December 29, but Defendant did not cancel as per the cancellation policy and she did not show up for the appointment. [ 5 ] Defendant’s next appointment was on January 14, at which point there was a consultation with Plaintiff, but Defendant did not have the money to pay for the January 14 appointment and the cancelled appointment of December 29. [ 6 ] It was agreed that on the next appointment scheduled for January 21, 2009, Defendant would pay Plaintiff.

At that last appointment, Defendant did not cancel as per the cancellation policy and did not show up at the appointment. [ 7 ] In view of said circumstances, Plaintiff sent a statement of account to Defendant totalling an amount of $360 for three one- hour appointments. [ 8 ] A letter of default was sent to Defendant on June 26, 2010 by registered mail and it is indicated that said letter was not claimed by Defendant.

ANALYSIS [ 9 ] Plaintiff, by her testimony and her documentary proof, demonstrated by preponderant proof that Defendant owes $360 for the following services: - no show appointment of December 29, 2008; - appointment of January 14, 2009; - no show appointment of January 21, 2009. [ 10 ] In view of the proof offered to the Court, Plaintiff’s claim must be granted. IN VIEW OF THE FOREGOING, THE COURT: GRANTS Edith Kornacki’s claim against Christiane Harfouche;

CONDEMNS Christiane Harfouche to pay Edith Kornacki an amount of $360 plus interests at the annual rate of 5%, together with the additional indemnity as per

section 1619 of the Civil Code of Quebec , as of June 26, 2010; THE WHOLE , with costs ($70). __________________________________ JULIE VEILLEUX, J.C.Q. Date of hearing: May 12, 2011