2020 QCCQ 830, 2020 QCCQ 830

Corporation de l'édifice St-Régis c. Teixeira 2020 QCCQ 830 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-22-257564-198 DATE: January 17, 2020 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DAVID L. CAMERON, J.C.Q. ______________________________________________________________________ CORPORATION DE L’ÉDIFICE ST-RÉGIS Plaintiff v.

JOSÉ TEIXEIRA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims from the Defendant the amount of $ 4,200 representing an indemnity for the period from February to July 2019, a period during which it alleges the Defendant occupied the premises at [...] without right, and without paying rent. [ 2 ] The Plaintiff seeks as well the eviction of the Defendant and reserves its rights for damages and legal fees due to the Defendant’s refusal to vacate the premises. [ 3 ] The case came before the Court in Practice Division on November 20, 2019 by way of an application to have the case set down for judgment by default. [ 4 ] The Defendant, who had not filed any answer in the case, made representations to the effect that he wished to defend the case and to propose that a safeguard order be issued so that he could remain in the premises pending the contestation. [ 5 ] Although the Defendant was already in default, the Court gave the Defendant until November 27, 2019 to submit in writing to the Court and to the Plaintiff a plausible proposal for a safeguard order that he would commit to at which time, if he did so, the Court would hold another hearing. [ 6 ] The Defendant did not provide any proposal for a safeguard order nor did he take any step to answer or submit a defense or otherwise participate in the proceedings. [ 7 ] Given these defaults, the application to have the case set down for judgment by default results now in the Court verifying the sufficiency of the evidence filed in order to render judgment. [ 8 ] The affidavit in the file establishes that the Plaintiff and the Defendant had entered into a janitorial services agreement (P-1) and this agreement was terminated on January 30, 2019 by the Defendant. [ 9 ] He nevertheless continued to occupy the apartment he had been leasing as an accessory to the janitorial services agreement and the Plaintiff filed proceedings before the Régie du logement on March 26, 2019 to have the Defendant evicted.

On June 21, 2019, the Régie du lodgement declined jurisdiction to hear the case as appears from the decision dated June 21, 2019 signed by the commissioner, Linda Boucher, in case number 2728601 at the Bureau de Montréal. [ 10 ] The evidence provided in the present file establishes that the value of the fair market rent for the apartment is $ 700.

The six months of occupation following the termination of the relationship between the parties establishes a monetary claim for $ 4,200. [ 11 ] Given that the janitorial services agreement was resiliated and the accessory right to live in the premises was also terminated, it is obvious that the Defendant was occupying the premises illegally for the months of February to July 2019.

This caused a prejudice to the Plaintiff equal to this lost rental. [ 12 ] Given the Plaintiff’s default; BY THESE REASONS, THE COURT: DECLARES resiliated, effective January 30, 2020, the lease between the parties that was an accessory to the janitorial services agreement (P-1); ORDERS the Defendant to vacate the premises known as [...] Montreal, Quebec no later than 20 days following the date of the present

judgment failing which the Plaintiff may proceed by forced eviction through the processes of the Court.

PRONOUNCES the provisional execution of this order notwithstanding appeal; CONDEMNS the Defendant to pay the Plaintiff the amount of $ 4,200 with interest at the legal rate and the additional indemnity provided by law calculated from the date of institution of these proceedings, August 28, 2019; RESERVES the Plaintiff’s rights in respect of the illegal occupation of the premises by the Defendant from August 2019 until his effective departure from the premises; WITH legal costs against the Defendant. ______________________ David L. Cameron, J.C.Q.

Me James Miller Millerblatt Avocats Attorney for the Plaintiff José Teixeira Self-represented Date of hearing: November 20, 2019