2015 QCCQ 5153, 2015 QCCQ 5153

Vaccaro (Felice Vaccaro, Architect) c. Karimi 2015 QCCQ 5153 COUR DU QUÉBEC « Division des petites créances » CANADA PROVINCE DE QUÉBEC DISTRICT OF MONTRÉAL TOWN OF MONTREAL « Civil Division » N o : 500-32-139157-137 DATE : May 27, 2015 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ FELICE VACCARO, doing business under the name FELICE VACCARO, ARCHITECT Plaintiff c.

BIJAN KARIMI Defendant ______________________________________________________________________ JUGEMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims $1,379.70 representing the professional services rendered to the Defendant. [ 2 ] The Defendant states that he never gave a mandate to the Plaintiff and the latter never provided any professional or architectural services. THE FACTS [ 3 ] On June 18, 2012, the Plaintiff submits to the Defendant an Offer of Service to be signed by him [1] .

Amongst the other tasks, Plaintiff’s mandate consisted in the preparation of preliminary design and construction plans. The fees are set at $2,500 plus taxes. [ 4 ] Although the Defendant did not sign the Offer of Service, the Plaintiff submitted two designs to the Defendant [2] , after which the Plaintiff left for vacation. [ 5 ] Upon Plaintiff’s return, he tries several times to speak to the Defendant, but to no avail. [ 6 ] On October 12, 2012, the Plaintiff sends a letter to the Defendant detailing the chronology of events and what had been agreed between them [3] .

Included with this letter, is Plaintiff’s account for $1379.70. Defendant never answered. THE ANALYSIS [ 7 ] The Defendant argues that he should not have to pay Plaintiff’s fees as the latter never satisfied Defendant’s worries regarding the snow accumulation problem. [ 8 ] Stephane Quesnel, urbanist with the city of Beaconsfield, met with Defendant’s wife who showed him Plaintiff’s design and questioned him regarding the snow accumulation problem. At the hearing, Mr.

Quesnel was not conclusive in determining if Plaintiff’s design presented or not a solution to the snow accumulation problem. [ 9 ] The Court concludes that the Defendant retained the services of the Plaintiff primarily to enlarge the second story of his house. In the course of the work done by the Plaintiff, the Defendant informed him of the snow accumulation problem. The solution proposed by the Plaintiff may have unsatisfied Defendant, and he was entitled to cancel the contract as provided by

article 2125 of the Civil Code of Quebec . [ 10 ] However, in accordance with

article 2129 of the C.C.Q., the Defendant had the obligation to pay to the Plaintiff value of the work performed until the cancellation of the contract. [ 11 ] The Plaintiff states that at the time the Defendant cancelled the contract, he had performed 50% of the work, representing an amount of $1379.70. This evidence was not contradicted by the Defendant. FOR THESE REASONS, THE COURT: GRANTS Plaintiff’s action; CONDEMNS the Defendant, Bijan Karimi, to pay to the Plaintiff, Felice Vaccaro, the sum of $1,379.70, with interest at the legal rate, plus the additional indemnity provided at

Article 1619 of the Civil Code of Québec , as of October 12, 2012;

WITH COSTS in the amount of $105, representing the judicial fees of the application. __________________________________ DIANE QUENNEVILLE, J.C.Q. Date of hearing: January 20, 2015