2018 QCCQ 610, 2018 QCCQ 610

9231-1794 Québec inc. c. Gedamu 2018 QCCQ 610 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-154152-161 DATE: February 8, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ 9231-1794 QUÉBEC INC. Plaintiff v.

ELIAS GEDAMU and ABRAHAM GEDAMU Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence, including the testimony of Nicolas Giannias, Pietro Amato and defendants, as well as exhibits P-1 to P-8 and D-1 to D-18; [ 2 ] WHEREAS plaintiff is suing defendants, on account, for construction services rendered, as described in invoice, exhibit P-2; [ 3 ] WHEREAS , originally, defendants failed to contest plaintiff’s application; [ 4 ] WHEREAS judgment was rendered, by default, on May 24, 2017, by Court clerk Me William Durand, against defendants; [ 5 ] WHEREAS defendants applied for revocation of judgment; [ 6 ] WHEREAS the undersigned granted defendants’ application; [ 7 ] WHEREAS , however, at trial, plaintiff proved, by a preponderance of evidence, that it executed and completed the above services; [ 8 ] WHEREAS defendants, on the other hand, did not prove the allegations contained in their contestation (“… plaintiff did not honor the agreement … the project was never completed and the plaintiff appeared to have abandoned the project”); [ 9 ] WHEREAS the preponderance of evidence does not support defendants’ allegations; [ 10 ] WHEREAS “invoice” D-18 remains unsubstantiated, as defendants did not present a witness in support thereof; [ 11 ] WHEREAS a contract for construction services intervened between the parties;

[ 12 ] WHEREAS plaintiff rendered the services in accordance with the contract, at the request of and for the benefit of defendants; [ 13 ] GIVEN articles 1458, 1493, 1525 and 2100 ff. of the Civil Code of Quebec ; [ 14 ] WHEREAS, with regards to the credit report filed as exhibit P-6 and plaintiff’s demand for the cost thereof, it cannot be granted, as plaintiff did not file a corresponding invoice; WHEREFORE THE COURT HEREBY: GRANTS the amended application, in part; SENTENCES defendants jointly and severally to pay plaintiff the sum of $9,801.62, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec , as of December 20, 2016, and legal costs, excluding the cost of the credit report. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: November 17, 2017