2023 QCCQ 1315, 2023 QCCQ 1315

Peizler & Vani Avocats c. Le Sauvage 2023 QCCQ 1315 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-712757-204 DATE: March 21, 2023 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ PEIZLER & VANI AVOCATS S.A. Plaintiff/Cross-defendant v. BRIAN LE SAUVAGE and BLS INC.

Defendants/Cross-plaintiffs ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff law firm is suing defendants, on account, for professional services rendered and disbursements incurred. [ 2 ] A services contract intervened between the parties.

Defendants retained plaintiff’s services to represent them in a civil litigation matter, [1] that which plaintiffs proceeded to do, until such time as they ceased representing in February, 2020. [ 3 ] Plaintiff’s services are detailed in statement, exhibit P-4, as are the disbursements incurred. [ 4 ] Defendant claims that said disbursements were « useless », when, in fact, according to the preponderance of evidence, they were fair and reasonable (bailiff charges for filing of Notice for Case Management; stenographer’s fees; Court stamp; registry fees; and courier fees). [2] [ 5 ] As regards plaintiff’s fees for professional services rendered, once again, according to the preponderance of evidence, they are fair and reasonable, [3] and there is absolutely no reason not to grant them. [ 6 ] Defendant Le Sauvage alleges that there is no lien de droit between himself and plaintiff, but this argument is unfounded.

The mandate given to plaintiff was for both himself and his company, and invoices were issued in both their names. [ 7 ] The fact that the Court decided that there was no lien de droit between Le Sauvage and BLS Inc.’s landlord, is a separate and distinct matter and of no import in the present matter. [ 8 ] As for defendants’ cross-demand, it is unfounded, as no credible evidence was presented in support thereof.

WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application; CONDEMNS Brian Le Sauvage and BLS Inc., jointly and severally, to pay plaintiff the sum of $2,293.65, plus interest at the legal rate and the additional indemnity provided for in

section 1619 of the Civil Code of Québec , from July 27, 2020, plus legal costs in the amount of $156.00; and

DISMISSES defendants’ cross-application. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: February 20, 2023