Feldstain c. Diaz 2012 QCCQ 381 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-117406-092 DATE: January 10, 2012 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ JARRED FELDSTAIN Plaintiff v. LUIS DIAZ and 9089-4742 QUEBEC INC.

Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS , in November, 2008, defendant 9089-4742 Québec Inc. (hereafter "defendant"), doing business under the firm and style names of Party-World and S.I.

Communications, retained plaintiff's services to perform computer-related work; [ 3 ] WHEREAS , as appears from defendant's own correspondence and cheques (exhibits D-1 to D-6), defendant agreed to pay plaintiff a monthly fee of $500.00, plus additional amounts for "contract work" to be billed by plaintiff; [ 4 ] WHEREAS it appears from the preponderance of evidence, namely the above exhibits, the admissions contained therein and the evidence presented by plaintiff, that a balance of $600.00 is owed to plaintiff, by defendant, for unpaid services; [ 5 ] WHEREAS the remainder of plaintiff's amended claim is unsubstantiated; [ 6 ] WHEREAS , furthermore, the evidence presented by defendant in support of its cross-demand is insufficient; [ 7 ] WHEREAS , more specifically, defendant did not produce any concrete evidence with respect to the "loss of contract", "lack of software", and "loss of business" alleged therein; [ 8 ] WHEREAS , finally, there is no lien de droit between plaintiff and Luis Diaz personally and no evidence in support of Diaz's cross-demand dated July 3, 2009; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application, as amended, in part; CONDEMNS 9089-4742 Quebec Inc. to pay plaintiff the sum of $600.00, plus interest at the rate of 5% per annum and the additional indemnity in virtue of

article 1619 C.C.Q. from June 1, 2009, and costs in the amount of $157.00; DISMISSES 9089-4742 Québec Inc.'s cross-demand; DISMISSES plaintiff's application against Luis Diaz; DISMISSES Luis Diaz's cross-demand. __________________________________ ELIANA MARENGO , J.C.Q.

Date of hearing: December 19, 2011