2015 QCCQ 14597, 2015 QCCQ 14597
Opinion
9159-1420 Québec inc. c. Li 2015 QCCQ 14597 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-133448-128 DATE: DECEMBER 15, 2015 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JULIE VEILLEUX, J.C.Q. ______________________________________________________________________ 9159-1420 QUEBEC INC. 1081 St-Urbain Suite 207 Montréal, Québec H2Z 1K8 Plaintiff vs.
QI FENG LI […] Montréal, Québec […] and JIA NI SHI […] Montréal, Québec […] Defendants ______________________________________________________________________ JUDGMENT (rendered from the bench) ______________________________________________________________________ [ 1 ] Plaintiff and Defendant Shi settled the present matter out of Court on the morning of the hearing. [ 2 ] Plaintiff's claim against Defendant Li was presented in the absence of Mr. Li who neglected to contest the claim filed against him. [ 3 ] Plaintiff's claim against Mr.
Li is now in the amount of $4,000.00 considering the settlement with Defendant Mrs. Shi. [ 4 ] Plaintiff and CITC Information Systems Inc. (CITC) signed a lease on June 3 rd , 2011 for a one year period. Said lease indicates that the rent payable by CITC is in the amount of $900.00 plus GST and QST together with heating, electricity and the business tax. Defendants Li and Shi personally guaranteed the payment of the rent by CITC. [ 5 ] CITC stayed in the premises until the month of August of 2011 and paid only the months of June and July 2011.
Plaintiff tried to lease the premises following CITC's leaving but it is only in April 2012 that it found another lessee. [ 6 ] Plaintiff claims the following: - Rent for eight months: $8,230.00 including taxes; - Hydro-Quebec bill: $173.62; - Business tax: $162.00. [ 7 ] Considering Defendant's lease default. [ 8 ] Considering the bills filed by Plaintiff.
[ 9 ] Considering Plaintiff's representative testimony; [ 10 ] Considering Defendant Li's personal guarantee of CITC's rent; [ 11 ] Considering the settlement between Plaintiff and Defendant Shi. FOR THESE REASONS, THE COURT: GRANTS in
part 9159-1420 Quebec Inc. against Qi Feng Li; CONDEMNS Qi Feng Li to pay 9159-1420 Quebec Inc. an amount of $4,000.00 with the interest at the legal rate together with the additional indemnity as per
Section 1619 C.C.Q. as of August 30 th , 2013; THE WHOLE with costs ($213.00). __________________________________ JULIE VEILLEUX, J.C.Q. Date of hearing: December 15, 2015
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