2013 QCCQ 17207, 2013 QCCQ 17207

Pinsky, Zelman, Segal, Santillo c. MC Produce Inc. 2013 QCCQ 17207 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-132778-129 DATE: October 28, 2013 ______________________________________________________________________ BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ PINSKY, ZELMAN, SEGAL, SANTILLO Plaintiffs v. M C PRODUCE INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Pinsky, Zelman, Segal, Santillo is a partnership of attorneys ("PZSS"). [ 2 ] PZSS is suing the Defendant for the sum of $655.06 representing their account for professional services rendered by Mr. Gordon Zelman of PZSS in relation with a litigation involving M C Produce Inc. and one of its clients, Jardino Fresh Marketing Inc. [ 3 ] On July 4, 2011, Mrs. Maria Cavazos, Manager and Owner of M C Produce Inc., called Mr.

Zelman concerning a client that refused to pay for the fruit products sold by M C Produce Inc. [ 4 ] Mr. Zelman had been referred to Mrs. Cavazos by her attorney Me Marc de Man who could not represent M C Produce Inc. since he was in conflict of interest. [ 5 ] Me Marc de Man referred Mr. Zelman as a specialist in the fresh products business. [ 6 ] Following this telephone conversation, Mr. Zelman requested from Mrs. Cavazos the documentation relating to the claim. This documentation was sent to Mr. Zelman on July 5, 2011. Mr.

Zelman examined the documents on July 5 and 6, 2011 and he had telephone conversations with Maria Cavazos. On July 11, 2011, in the course of their last telephone conversation, Mr. Zelman gave his legal opinion on the claim. [ 7 ] A few days later, Mrs. Cavazos met with the representatives of Jardino Fresh Marketing Inc. and arrived at a settlement of the claim. Mrs. Cavazos advised Mr. Zelman of the amicable settlement that intervened and thanked him for the "overview that you did on the files".

She later received an invoice for professional services rendered in the amount of $655.06 [1] . [ 8 ] She refuses to pay this invoice alleging that she never requested the professional services and that Mr. Zelman's hourly fee was never discussed. [ 9 ] Mr. Zelman admits that he did not inform Mrs. Cavazos of his hourly fee. However, he considered that his fees, because of his experience and years of practice, are fully justified. [ 10 ] Mrs. Cavazos recognizes that professional services were rendered.

She does not agree with the amount claimed and offered to settle the case for $300.00, which settlement was refused. [ 11 ] Mr. Zelman, speaking on behalf of PZSS, proved the professional services were rendered. By sending to Mr. Zelman, the documentation relating to the claim, Mrs. Cavazos knew, or should have known, that Mr. Zelman would analyse it to give a legal opinion. Mrs. Cavazos dealt with attorneys in the past and knows how they proceed. [ 12 ] Although, Mr.

Zelman's hourly fee was not discussed, it is a case where the services should be evaluated on the basis of the "quantum meruit" (the value of the services). [ 13 ] The time spent (1.8 hours) and the hourly rate of $350.00 per hour, are justified based on the experience of Mr. Zelman and the nature of the claim. [ 14 ] FOR THESE REASONS, THE COURT:

GRANTS Pinsky Zelman Segal Santillo's claim; CONDEMNS Defendant M C Produce Inc. to pay to Pinsky Zelman Segal Santillo the sum of $655.06 plus interest at the legal rate and the special indemnity provided for by

section 1619 of the Civil Code of the Province of Quebec as of the date of institution of the present proceedings, December 21, 2011; THE WHOLE with costs. __________________________________ MARIE MICHELLE LAVIGNE, J.c.Q Date of hearing: October 15, 2013