2014 QCCQ 6871, 2014 QCCQ 6871

Centre commercial Salaberry inc. c. Suliman 2014 QCCQ 6871 COURT OF QUEBEC “Small Claims Division” CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-140509-136 DATE: August 7, 2014 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE VÉZINA, J.C.Q. ______________________________________________________________________ CENTRE COMMERCIAL SALABERRY INC. Plaintiff v.

MOHAMAD SULIMAN Defendant JV00Q6 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Centre commercial Salaberry inc. ( Centre commercial ) sues Mohamad Suliman based on a commercial lease [1] in order to obtain $7,000 with respect to unpaid rent. [ 2 ] Mr. Suliman denies owing such amount, explaining that he left the premises when he realized that he could not operate the restaurant with profits, adding that he has no money to pay the rent.

QUESTION IN LAW [ 3 ] Does Centre commercial have the right to obtain payment for the unpaid rent? CONTEXT AND ANALYSIS [ 4 ] In civil matters, a person wishing to assert a right shall prove the facts on which his claim is based [2] . In this regard, the burden of proof lies on the party presenting a demand. That party has to present evidence which will be weighed on the balance of probabilities which is also called preponderance of evidence . This implies that the demand must demonstrate that the existence of a fact is more probable than its non-existence [3] . [ 5 ] On December 4, 2012, Mr.

Suliman signed a lease with Centre commercial for a period of two years in order to operate a restaurant. [ 6 ] At trial, Mr. Suliman and Centre commercial admitted that the monthly rent was for an amount of $2,184.94. [ 7 ] Mr. Suliman left the premises after operating the restaurant for three to four months when he realized that the business was not profitable. [ 8 ] On September 3, 2013, Centre commercial issued a letter of notice [4] . [ 9 ] Centre commercial wants to be paid for the rent of the premises from the date of departure and for the following months.

As of the date of hearing, the premises are still not rented. [ 10 ] At the hearing, Centre commercial explained that the unpaid rent is superior to $7,000 but claims such amount in view of the jurisdiction of Small Claims Division. [ 11 ] E very person has a duty to honor his contractual undertakings [5] . [ 12 ] Based on the lease, Mr. Suliman undertook to remain in the premises for the duration of the lease [6] . Vacating the premises and failing to pay the rent were contractual defaults [7] and the consequences are clearly stated. [ 13 ] The lease is a valid contract and Mr. Suliman must abide by its terms.

[ 14 ] According to the terms of the lease, the rent was due by Mr. Suliman and he has failed to honour his obligations. [ 15 ] Mr. Suliman must pay $7,000 to Centre commercial. As per the terms of the lease, interest of 9 % should be added [8] to the amount due. FOR THOSE REASONS, THE COURT: GRANTS the action of Plaintiff Centre commercial Salaberry inc. against Defendant Mohamad Suliman; CONDEMNS Defendant Mohamad Suliman to pay $7,000 to Plaintiff Centre commercial Salaberry inc., plus the interest rate of 9 % per annum and the additional indemnity provided for at

article 1619 C.c.Q. , calculated as of September 3, 2012; CONDEMNS Defendant Mohamad Suliman to pay to Plaintiff Centre commercial Salaberry inc. the judicial cost of $218. __________________________________ Dominique Vézina, j.c.q. Date of hearing: June 6, 2014