Executive Summary: Key Legal and Evidentiary Issues

• Plaintiff sought payment for cleaning services rendered under an uncontested service arrangement.

• Defendant failed to attend the trial and had revoked its lawyer shortly beforehand.

• The court accepted uncontested testimonial evidence that the services were indeed performed.

• Defendant’s late and unsupported contestation was declared abusive under Article 51 C.p.c.

• Procedural misconduct by the defendant supported the finding of dilatory and bad faith litigation.

• Court awarded damages for abuse of process, reduced for proportionality, along with legal costs.

Facts and procedural background

In 9422-8145 Québec inc. v. 9479-7701 Québec inc., 2025 QCCQ 1187, the plaintiff company, 9422-8145 Québec inc., filed a civil claim seeking payment of $13,536.34 for cleaning services rendered to 9479-7701 Québec inc. The services were invoiced, and the defendant had requested more time to pay but later contested the claim, asserting that services were never delivered and that invoices had not been received. Shortly before trial, the defendant revoked the mandate of its counsel and did not appear at the hearing, leaving the case uncontested. The court proceeded under Article 266 C.p.c. and closed the defendant’s case.

During the hearing, the plaintiff submitted testimonial and documentary evidence establishing that the services had indeed been provided and properly invoiced. In response to the defendant’s procedural absence and its late, unsupported contestation, the plaintiff additionally sought $14,258.62 in extrajudicial legal fees, arguing the defense was abusive under Articles 51 and 342 C.p.c.

Legal analysis and court findings

The court found that the cleaning services were clearly rendered, and the defendant had not previously disputed the amounts. Its failure to raise any substantial defense until after the judicial process had begun cast doubt on its credibility. The court ruled that the defendant’s allegation that invoices were not transmitted did not excuse non-payment once the invoices were made available through legal proceedings. This defense, unsupported by further explanation or documentation, was deemed frivolous and without foundation.

In evaluating the procedural conduct of the defendant, the court noted several aggravating factors: the defense was filed late; the defendant did not attend the settlement conference ordered by the court; it revoked legal representation following a judicial request for disclosure; and it failed to appear at trial without explanation. The court held that these actions constituted a clear abuse of process under Article 51 C.p.c., amounting to procedural recklessness and improper use of the judicial system to delay payment.

Regarding the request for extrajudicial legal fees, the court acknowledged the abusive nature of the defense and affirmed the plaintiff’s entitlement to recover such costs under Article 54 C.p.c. However, it reduced the amount claimed to $5,000, applying the principle of proportionality relative to the base claim amount.

Conclusion

The Court of Québec granted judgment in favor of 9422-8145 Québec inc., ordering 9479-7701 Québec inc. to pay $13,536.34 for services rendered, with interest and an additional indemnity. The court also declared the defense abusive and awarded $5,000 in extrajudicial legal fees. Costs were awarded to the plaintiff. This decision underscores the court’s intolerance for procedural abuse and reinforces the enforceability of service-based contractual claims when supported by clear evidence.