Executive Summary: Key Legal and Evidentiary Issues

• A hedge-trimming company sued Stéphane Goyette in small claims court for an unpaid invoice of $758.84 for work done at his residence in May 2024.
   
• Formal notice was sent to the defendant on July 26, 2024, but the court found he failed to pay without any valid reason.
   
• Because the defendant filed no contestation and did not attend the hearing, the case proceeded by default under article 559 of the Code of Civil Procedure.
   
• Uncontradicted evidence allowed the plaintiff to meet its burden of proof on a preponderance of evidence under articles 2803 and 2804 of the Civil Code of Québec.
   
• Interest at the legal rate and the additional indemnity under article 1619 of the Civil Code of Québec were ordered to run from August 6, 2024, when the 10-day period in the demand letter expired.
   
• Legal costs of $195.89 were awarded, covering $182 in court office fees and $13.89 for sending the demand letter by registered mail.
   

Facts of the case

Taillage HAIExcellence Mascouche inc. brought a claim in the Small Claims Division of the Court of Québec, District of Terrebonne, against Stéphane Goyette for $758.84. The amount represented the cost of hedge-trimming work the company performed at Goyette's residence in May 2024, billed on an invoice dated May 28, 2024. A formal demand letter was sent to Goyette on July 26, 2024. According to the court, he neglected to pay the amount owed without any valid reason. Goyette filed no contestation and was absent from the hearing held on September 24, 2026.

Policy and legislative provisions at issue

The decision does not quote or discuss any contract terms agreed between the parties. Instead, the court relied on several statutory provisions. Under article 559 of the Code of Civil Procedure, the case could proceed by default in the defendant's absence. For the plaintiff's burden to prove its claim by a preponderance of evidence, the court cited articles 2803 and 2804 of the Civil Code of Québec. The additional indemnity added to interest rests on article 1619 of the same Code. Its oral reasons, the court noted, were slightly revised for form, as article 334 of the Code of Civil Procedure allows.

Reasoning and analysis

With no defence filed and no appearance by Goyette, the court heard the matter by default. The evidence presented by the company went uncontradicted, and the court found it sufficient to establish the merits of the claim. On that basis, the company was entitled to the full amount it sought for the services rendered, along with its legal costs.

Ruling and overall outcome

The court granted the claim in favour of Taillage HAIExcellence Mascouche inc. and ordered Goyette to pay $758.84, with interest at the legal rate and the additional indemnity under article 1619 of the Civil Code of Québec from August 6, 2024, the date the 10-day period set in the demand letter expired. Goyette was also ordered to pay $195.89 in legal costs, made up of $182 in court office fees and $13.89 for serving the demand letter by registered mail. The judgment does not calculate the interest and additional indemnity in dollar terms, and it does not state a combined total for the amounts ordered.