2014 QCCQ 10865, 2014 QCCQ 10865
Opinion
M. Samy, MD inc. c. Galganov 2014 QCCQ 10865 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-141592-149 DATE: October 20, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ M. SAMY, M.D. INC. 4635, Sherbrooke Street West # 203 Montreal, Quebec H3Z 1G2 Plaintiff v.
TODD GALGANOV […] Dollard-des-Ormeaux, Quebec […] Defendant ______________________________________________________________________ JUDGMENT BY DEFAULT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] GIVEN the absence of defendant at trial, notwithstanding having been duly summoned and called; [ 2 ] WHEREAS defendant has not invoked a valid reason for his absence; [ 3 ] WHEREAS a contract for professional services intervened between the parties; [ 4 ] GIVEN the preponderance of evidence, namely the credible testimony of plaintiff's principal and exhibits P-1 to P-5; [ 5 ] WHEREAS , according to the preponderance of evidence, plaintiff rendered the services requested by defendant, according to the terms of the contract; [ 6 ] WHEREAS , despite his numerous and repeated promises to pay, defendant failed to acquit plaintiff's professional fees; [ 7 ] WHEREAS plaintiff fulfilled its contractual obligations and defendant did not; [ 8 ] WHEREAS defendant is liable toward plaintiff for payment of the sum of $759.00; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application in part; CONDEMNS defendant to pay plaintiff the sum of $759.00, plus legal interest and the additional indemnity provided for in
article 1619 of the Civil Code of Quebec from October 22, 2013, date of the demand letter, and the judicial fees in the amount of $125.00.
__________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: October 20, 2014
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