Pellerin Savitz LLP v. Serge Guindon

(Quebec) (Civil) (By Leave)




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Prescription – Action on personal right – Date when right of action arises – Claim for lawyer’s unpaid professional fees – Whether date when right of action arises, in context of claim for lawyer’s professional fees, is date of end of mandate, work or services or rather date on which each account for fees is calculated, prepared and brought to client’s attention – Civil Code of Québec, CQLR c. C 1991, arts. 2931, 2925, 2904, 2880 and 2116.

The respondent Serge Guindon retained the professional services of the applicant law firm, Pellerin Savitz LLP, to defend him in litigation before the Superior Court. During the performance of the mandate, the applicant sent the respondent five accounts for fees between October 5, 2011 and March 1, 2012. None of the accounts was paid. On March 21, 2012, the respondent informed the applicant that he was withdrawing the mandate. On March 10, 2015, the applicant brought an action against the respondent to recover claims for unpaid fees. The respondent asked that the action be dismissed because the claims arising from the unpaid accounts for professional fees were prescribed.