2019 QCCQ 8842, 2019 QCCQ 8842

Robinson Sheppard Shapiro c. Veto 2019 QCCQ 8842 JC00G0 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL MONTREAL “Civil Division” CIVILE No: 500-22-253603-198 DATE: October 28, 2019 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE DAVID L. CAMERON, J.C.Q. ______________________________________________________________________ ROBINSON SHEPPARD SHAPIRO Plaintiff v.

JAY VETO Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff, Robinson Sheppard Shapiro (RSS), sues its former client, the Defendant, Mr. Jay Veto, for an unpaid invoice in the amount of $ 12,919.27, together with interest of $ 5,017.55, for a total of $ 14,293.86, in connection with services rendered in a trademark matter during the period of May to October 2014. [ 2 ] The defence is based on the assertion that the amount claimed is incorrect and should be a lower amount.

At the hearing, the Defendant restated his oral defense in terms of three elements: 1. RSS had not included in the outstanding invoice of $ 12,919.27, amounts paid totally $ 9,442.96, such that the remaining balance is only $ 3,476.31. 2. There was no agreement as to interest but rather an express agreement that interest would not be paid. 3.

The Defendant had discussed at the outset the fact that he had limited financial resources, and this would be taken into account in the billing process. [ 3 ] On the first of these three defences, it became clear at the hearing that there was a conflict between the parties as to the imputation of payments. [ 4 ] RSS applied a series of payments toward the oldest part of the debt first, including previous invoices. Mr.

Vito applied many more of the payments to the invoice in issue. [ 5 ] Upon hearing the parties fully on this point, and examining all the exhibits, the Court concludes that the statement of account (P-7) is entirely accurate. [ 6 ] It shows a total invoiced between October 2011 and November 2014 of $ 26,653.62, total payments received of $ 17,927.31, leaving a balance in capital of $ 8,726.31. The statement of account includes all of the payments and credits throughout the history, including those referred to by Mr.

Veto in his evidence, including the two most recent payments of $ 150 each, in June 2019, after the institution of these proceedings in February 2019. [ 7 ] On the second issue, regarding interest, Mr. Vito’s position that no interest should be charged is correct. According to the evidence of both parties, there was no agreement as to interest. The Court accepts Mr. Vito’s testimony that, when he received the invoice and the statement of account showing interest, he spoke to the partner in charge who reassured him that this was simply the way that bills were generated, and that he should not be concerned.

At the hearing, RSS conceded the point and withdrew its claim for contractual interest. [ 8 ] On the third issue, that of the quantum, on the balance of probabilities, RSS has established that its invoices are well founded for the capital amounts claimed. While it is true that Mr. Veto had limited financial resources, and made a general appeal to the partner in charge to bill moderately, the partner in charge did, in fact, make concessions by reducing his normal hourly rate and by giving courtesy discounts. The bills were issued and paid over time without protest as to the amount by Mr. Veto.

His only complaint was as to the charging of interest, not the amounts owing. If he did not pay immediately, it was because of cash flow issues, not because he

contested the amounts. [ 9 ] Having confirmed the amounts in the presence of the parties, the Court was pleased when certain efforts were made by the parties to resolve the case through payments over time. This is to their credit, even though they did not reach an agreement. The Court therefore renders judgement according to the evidence.

BY THESE REASONS, THE COURT: ALLOWS the action in part; CONDEMNS the Defendant to pay the Plaintiff the amount of $ 8,726.31, together with interest at the legal rate and the additional indemnity provided at article1619 of the Civil Code of Quebec , calculated from the date of the institution of the proceedings; WITHOUT legal costs. __________________________________ DAVID L. CAMERON, J.C.Q. Me Martin Côté Robinson Sheppard Shapiro Attorney for the Plaintiff M. Jay Veto Defendant Self-represented Date of hearing: September 20, 2019.