2011 QCCQ 15629, 2011 QCCQ 15629
Opinion
Bristol Realty Co. Ltd. c. 3550613 Canada Inc. 2011 QCCQ 15629 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-118055-096 DATE: December 6, 2011 ______________________________________________________________________ BY THE HONOURABLE DAVID L. CAMERON, J.C.Q. ______________________________________________________________________ BRISTOL REALTY CO. LTD. 279 Sherbrooke St.
West, suite 405 Montreal, Quebec H2X 1Y2 Plaintiff v. 3550613 CANADA INC., IDX COMMUNICATION 6600 Hutchison Outremont, Quebec H2V 4E1 Defendant ______________________________________________________________________ TRANSCRIPTION OF JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] Whereas the Defendant did not appear, despite being duly summoned; [ 2 ] Whereas Bristol Realty Co.
Ltd. has adequately proved the claim made in the proceedings for the tenant's share of school taxes 2008, 2009 and the tenant's share of escalation of operating costs as stipulated in the lease agreement (P-1) and as shown in the statement of account (P-2); [ 3 ] Whereas the Defendant also made an extrajudicial admission to the Plaintiff's representative admitting that he owed the amount claimed and would pay; [ 4 ] Given that the Defendant is not present and has made no evidence concerning its cross-demand and its defence; FOR THESE REASONS, THE COURT: GRANTS the principal action; CONDEMNS the Defendant to pay, to the Plaintiff the sum of $3,839, together with interest at the legal rate of 5% per annum and the additional indemnity provided at
article 1619 of the Civil Code of Quebec , calculated from June 30, 2009; DISMISSES the cross-demand; CONDEMNS the Defendant to pay, to the Plaintiff, judicial costs in the amount of $174.
__________________________________ DAVID L. CAMERON, J.C.Q. Date of hearing: December 6, 2011
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