2015 QCCQ 7312, 2015 QCCQ 7312
Opinion
Sweibel Novek, l.l.p. c. Seltzer Management Services inc. (Seltzer’s Management Inc.) 2015 QCCQ 7312 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-22-210932-144 DATE: August 24, 2015 ______________________________________________________________________ BY THE HONOURABLE MAGALI LEWIS, J.C.Q. ______________________________________________________________________ SWEIBEL NOVEK LLP Plaintiff vs. SELTZER MANAGEMENT SERVICES, INC. (d.b.a.
SELTZER’S MANAGEMENT INC.) and MICHAEL SELTZER Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS Plaintiff is claiming $12,332.61 from the Defendant as unpaid fees; [ 2 ] WHEREAS the Defendants have failed to appear in the case after having been served on August 5, 2014, a notice to cease representing and, on August 22, 2014, a notice to appoint another attorney or to file a written appearance on their behalf; [ 3 ] SEEING the detailed affidavits signed by Sydney Sweibel on September 4 th , 2014, and January 15, 2015, and the exhibits filed in support of Plaintiff’s claim; [ 4 ] SEEING that the Defendants have not signed a written mandate in favour of Plaintiff and have not been charged interest on other overdue invoices than the ones object of Plaintiff’s claim ; [ 5 ] SEEING that and advocate may collect an interest other than the legal interest on outstanding account only if the interest is agreed upon in writing; [ 6 ] SEEING that a demand for payment was not served upon Defendant Michael Seltzer and was served to Seltzer Management Services Inc. at the wrong address; [ 7 ] SEEING that on issues other than the applicable interest, the Plaintiff has proven the merits of its action up to the sum of $12,332.61; [ 8 ] WHEREFORE, THE COURT: [ 9 ] GRANTS Plaintiff’s claim in part; [ 10 ] CONDEMNS the Defendants jointly and severally to pay to the Plaintiff the sum of $12,332.61 with the interest at legal rate plus the additional indemnity provided by
article 1619 of the Civil Code of Quebec as of May 15, 2014, the date of service of Plaintiff’s claim; [ 11 ] THE WHOLE with costs. __________________________________ MAGALI LEWIS, J.C.Q.
Mtre Lilliane Nguyen SWEIBEL NOVEK, L.L.P. Attorneys for Plaintiff Date of hearing: August 20, 2015
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