2015 QCCQ 12392, 2015 QCCQ 12392

Varkonyi c. Levit 2015 QCCQ 12392 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No. 500-32-132201-122 DATE: November 16, 2015 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD ______________________________________________________________________ EVA SALAMON VARKONYI and PETER VARKONYI Plaintiffs v.

IRINA LEVIT and VLADIMIR LEVIT Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The parties were bound by a commercial lease that was the subject of renewals.

Eva Salamon Varkonyi and Peter Varkonyi are the owners of the immovable in which were located the commercial premises they leased to Irina Levit and Vladimir Levit ( lessees ). [ 2 ] The owners are claiming $1,456 solidarily from the lessees for the rent for November 2011 and the portion of taxes on non- residential immovables. [ 3 ] Only lessee Irina Levit filed a contestation in which she argued that she fulfilled all her obligations toward the owners. Questions in dispute [ 4 ] (

a) Is there a legal relationship between the owners and Vladimir Levit? (

b) Did Irina Levit fail to pay a portion of the rent for November 2011 and the taxes on non-residential immovables?

Context and analysis [ 5 ] On November 26, 2005, the parties entered into a three-year commercial lease with a renewal option. [ 6 ] The lessees were solidarily liable for payment of the rent and the performance of the obligations under the lease. [ 7 ] On December 1, 2008, the owners renewed the lease only with Irina Levit until November 30, 2009. [ 8 ] The parties admitted that, as of December 1, 2009, they were bound by an oral lease, under the initial terms and conditions, that is, a monthly rent of $850, plus the applicable taxes, and the payment by Ms Levit of a portion of taxes on non-residential immovables. [ 9 ] Hence, the owners have established no legal relationship of a contractual nature with Vladimir Levit after December 1, 2009; that is why the Court dismisses the owners’ claim against him. [ 10 ] In civil law, the burden of proof is on Plaintiff’s shoulders in accordance with the principle provided for in

article 2803 of the Civil Code of Québec ( C.C.Q . ) which states “a person seeking to assert a right shall prove the facts on which his claim is based”. [ 11 ] The Court must weigh the probabilities pursuant to

article 2804 C.C.Q . which states “evidence is sufficient if it renders the

existence of a fact more probable than its non-existence”. In other words, the Court must establish what is more probable and likely. [ 12 ] The evidence submitted shows that, at the end of November 2011, the owners regained possession of the premises occupied by Ms Levit. She paid $420 in rent for November 2011, instead of $850, which is ground for the owners to claim the difference. [ 13 ] As for the portion of taxes on non-residential immovables, Ms Levit testified that she paid $5,400 for 2011, whereas, on the basis of the documentary evidence, she paid only $2,700.

At the hearing, she acknowledged that she photocopied the same cheques in duplicate. [ 14 ] Hence, the owners’ claim, summarized in their formal notice of December 12, 2011, which contains a table explaining the amounts owed, proves to be well-founded, contrary to Ms Levit’s calculations, which are erroneous.

THEREFORE, the Court: ALLOWS the claim of Eva Salamon Varkonyi and Peter Varkonyi against Irina Levit; DISMISSES the claim of Eva Salamon Varkonyi and Peter Varkonyi against Vladimir Levit, without costs; CONDEMNS Irina Levit to pay Eva Salamon Varkonyi and Peter Varkonyi $1,456 with interest at the legal rate, plus the additional indemnity provided for in

article 1619 of the Civil Code of Québec as of December 12, 2011; CONDEMNS Irina Levit to pay Eva Salamon Varkonyi and Peter Varkonyi $103 in court costs. __________________________________ Henri Richard, J.C.Q. Date of hearing: October 5, 2015