Arcobelli c. Shapiro 2023 QCCQ 1904 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-162607-214 DATE: April 11, 2023 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ VINCENT ARCOBELLI Plaintiff v.

RODNEY SHAPIRO Defendant ______________________________________________________________________ JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] Plaintiff is a civil engineer.

He is suing defendant, on account, for professional services rendered. [ 2 ] GIVEN the evidence, namely the testimony of the parties, as well as exhibits P-1 to P-4; [ 3 ] WHEREAS plaintiff admitted that no agreement as to fees intervened between the parties; [ 4 ] WHEREAS plaintiff also admitted that defendant did not give him a mandate to perform work on his behalf; [ 5 ] WHEREAS defendant’s credible and straightforward testimony was to the same effect; [ 6 ] WHEREAS , in order for a contract to be formed, there must be a meeting of the minds, between the parties, on all major aspects of the contract, including price ( s. 1385 of the Civil Code of Quebec ); [ 7 ] WHEREAS there was no such meeting of the minds between the parties; [ 8 ] WHEREAS plaintiff never discussed his fees with defendant; [ 9 ] WHEREAS defendant never retained his services; [ 10 ] GIVEN s. 3 and 4 of the Code of ethics of engineers, [1] which plaintiff violated; [ 11 ] WHEREAS plaintiff did not prove the facts alleged in his claim by a preponderance of evidence ( s. 2803 and 2804 of the Civil Code of Quebec ); [ 12 ] WHEREAS plaintiff’s claim is ill-founded both in fact and in law; WHEREFORE THE COURT HEREBY:

DISMISSES plaintiff's claim, with legal costs in the amount of $106.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: April 11, 2023