2015 QCCQ 5418, 2015 QCCQ 5418

Miljours Paquette Attorneys, l.l.p. c. 2756-5639 Québec inc. 2015 QCCQ 5418 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-145150-142 DATE: June 1, 2015 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ MILJOURS PAQUETTE ATTORNEYS LLP Plaintiff v. 2756-5639 QUÉBEC INC. -and- SARANDOS (SANDY) ILIOPOULOS Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff sues for unpaid legal services rendered pursuant to invoice no. 6906 (Exhibit P-3). [ 2 ] According to the proof made before the Court, the services were rendered and the parties discussed the type of services to be rendered before the mandate agreement was signed. [ 3 ] The services were rendered during a meeting of February 10, 2014. [ 4 ] After the meeting, Defendants signed the Mandate Agreement (Exhibit P-2), thereby acknowledging and confirming their liability for the bulk of the services rendered. [ 5 ] Defendant’s representative testified that a third party, Mr.

Stéphane Tanguay, stated that he would pay the invoice (Exhibit P- 3). But Mr. Tanguay has defaulted on his promise to Defendants. This is not a valid ground of defence to the claim of Plaintiff’s law firm. [ 6 ] The amount claimed by Plaintiff satisfies the criteria stipulated at

Article 3.08.02 of the Code of Ethics of Advocates [1] of the Barreau du Québec. [ 7 ] However, the meeting was for a duration of 9.65 hours and covered different subjects.

[ 8 ] Based upon the testimony heard, the Court considers that 2.65 hours should be removed from the bill for discussions beyond what was the subject of the mandate and authorized by Defendants to be charged in respect of their matters. [ 9 ] Therefore, seven (7) hours of services rendered are recognized as due and payable. [ 10 ] Accordingly, seven (7) hours x $275 is $1,925. That amount is declared valid.

The charges relating to opening of the file and disbursements of $45 are also recognized. [ 11 ] According to the applicable jurisprudence [2] , no claim will be allowed for legal fees incurred to prepare or present the motion. With applicable taxes, the total amount comes to $2,265.01. [ 12 ] Clause 7 of the Mandate Agreement states that a 18% interest charge will begin to run thirty (30) days from the issuance of the invoice. The invoice is dated February 28, 2014.

FOR THESE REASONS, THE COURT: CONDEMNS Defendants 2756-5639 Quebec Inc. and Sarandos (Sandy) Iliopoulos solidarily to pay Plaintiff Miljours Paquette Attorneys, LLP the amount of $2,265.01, with interest at 18% per year from March 28, 2014. WITH JUDICIAL COSTS of $123 in favour of Plaintiff. __________________________________ Jeffrey Edwards, J.C.Q. Date of hearing: June 1, 2015