2013 QCCQ 11828, 2013 QCCQ 11828

Ettedgui c. 9187-5906 Québec inc. 2013 QCCQ 11828 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL TOWN OF MONTRÉAL Civil Division No: 500-22-201716-134 DATE: September 19, 2013 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ DAVID ETTEDGUI Plaintiff v. 9187-5906 QUEBEC INC. -and- ELIANE DAHAN -and- ISAAC BARCHICHAT Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Given the procedures, the evidence and after deliberating; [ 2 ] Considering that David Ettedgui, attorney, (“Ettedgui”) has sued 9187-5906 Québec inc. (“Quebec inc.”) Eliane Dahan (“Dahan”), president of Quebec inc. and Isaac Barchichat (“ Barchichat “) for $7,827; [ 3 ] Considering that Quebec inc., Dahan and Barchichat, although duly convened and called, failed to appear at trial; [ 4 ] Considering that Ettedgui was given a mandate regarding three files, namely a mandate from Quebec inc. and Dahan to contest a motion seeking to have a deed of sale resolved (“the property file”); a mandate from Dahan and Barchichat to contest a defamatory lawsuit against them (the diffamation file) and another mandate from Dahan and Barchichat concerning a commercial tenant which left, without paying rent (the commercial tenant file); [ 5 ] Considering that Quebec inc. obtained two of the three properties involved in the property file and was reimbursed its $5,000 deposit pertaining to the third property; [ 6 ] Considering that Plaintiff desisted against Dahan and Barchichat from its action in the diffamation case; [ 7 ] Considering the numerous attempts made in the commercial tenant file to settle the issue; [ 8 ] Considering the services rendered; [ 9 ] Considering that Ettedgui is entitled to be paid for the services he provided; [ 10 ] Considering the absence of evidence at trial on the part of Defendants; [ 11 ] Considering that Ettedgui seeks a solidary condemnation of all Defendants; [ 12 ] Considering that Barchichat has no legal connection with Quebec inc. and therefore Defendants cannot be condemned solidarily;

[ 13 ] Considering the mandates foresee interest at 12% per year; FOR THESE REASONS, THE COURT: GRANTS Plaintiff’s action; CONDEMNS 9187-5906 Quebec inc. and Eliane Dahan solidarily to pay David Ettedgui $5,308.22 with interest at 12% per year since the service of the present action; CONDEMNS Eliane Dahan and Isaac Barchichat solidarily to pay David Ettedgui $2,509.78 with interest at 12% per year since the service of the present action; THE WHOLE , with costs. __________________________________ SUZANNE HANDMAN, J.C.Q.

Me David Ettedgui David Ettedgui, lawyer Attorney for Plaintiff Me Pierre-Olivier Martel Pierre-Olivier Martel, avocat Attorney for Defendants Date of hearing: September 4, 2013