2011 QCCQ 15630, 2011 QCCQ 15630
Opinion
Struzer (Ultimate Reno) c. 9170-2738 Québec Inc. (Groupe Jenoma) 2011 QCCQ 15630 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-119283-093 DATE: December 6, 2011 ______________________________________________________________________ BY THE HONOURABLE DAVID L.
CAMERON, J.C.Q. ______________________________________________________________________ HOWARD STRUZER, doing business under the name ULTIMATE RENO 5040 Claudel Laval, Quebec H7W 4T5 Plaintiff v. 9170-2738 QUÉBEC INC. doing business under the name GROUPE JENOMA 166 Butternut Crescent Dollard-des-Ormeaux, Quebec H2Y 2V5 Defendant ______________________________________________________________________ TRANSCRIPTION OF JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff claims a balance of account on a contract of renovation done for the Defendant as a subcontractor, the Defendant having contracted with the owner of the building, Ken Tatebe, for the renovation work. [ 2 ] The Plaintiff's claim is substantiated by the testimony of the person responsible for the work and supported by an invoice. [ 3 ] It was also demonstrated that the end user of the services, Ken Tatebe, paid the Defendant in full and that he was told by the Defendant that the Plaintiff would be paid for its subcontracting work. [ 4 ] The balance claimed was adequately proved. [ 5 ] The Defendant did not appear and gave no evidence in support of its defence.
FOR THESE REASONS, THE COURT: CONDEMNS the Defendant to pay, to the Plaintiff the sum of $2,918,62, together with interest at the legal rate of 5% per annum and the additional indemnity provided at
article 1619 of the Civil Code of Quebec , calculated from July 7, 2009; CONDEMNS the Defendant to pay, to the Plaintiff, judicial costs in the amount of $127. __________________________________ DAVID L. CAMERON, J.C.Q.
Date of hearing: December 6, 2011
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