2014 QCCQ 12044, 2014 QCCQ 12044

Colafabio c. Massotti 2014 QCCQ 12044 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-136441-120 DATE: December 1, 2014 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ RAFFAELE COLAFABIO […]Cote-St-Luc, Quebec […] and GIUSEPPE COLAFABIO […]Cote-St-Luc, Quebec […] and MARIA ROSARIA GARZIA […]Cote-St-Luc, Quebec […] and CONCETTA ANZOVINO […]Cote-St-Luc, Quebec […] Plaintiffs v.

ANGELO MASSOTTI […]Kirkland, Quebec […] and 9199-6843 Quebec Inc. 4-4815 Bessborough Avenue Montreal, Quebec H4V 2S2 Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence;

[ 1 ] GIVEN the evidence; [ 2 ] WHEREAS a commercial lease intervened between the parties on February 7, 2011, for a 12 month term and a monthly rent of "$882.91, plus business tax" (exhibit P-1); [ 3 ] WHEREAS the parties renewed the lease for a subsequent term of 12 months; [ 4 ] WHEREAS , on October 1, 2012, defendants (hereafter "lessee") advised plaintiffs (hereafter "lessor") that it would not renew the lease; [ 5 ] WHEREAS , shortly thereafter, lessee's cheque for October's rent was dishonoured by the bank; [ 6 ] WHEREAS , despite lessor's written and verbal notices, lessee failed to pay the rent owing (exhibit P-7); [ 7 ] WHEREAS lessor was obliged to change the locks on the premises, as they had been damaged; [ 8 ] WHEREAS lessor advised lessee that new keys were at its disposal (exhibit P - 7); however lessee failed to act accordingly; [ 9 ] WHEREAS it appears from the preponderance of evidence, that lessee absconded in October, 2012, with a view to operate its business elsewhere; [ 10 ] WHEREAS , given lessee's failure to act, lessor advised same, on November 27, 2012, that it was resiliating the lease (exhibit P-9); [ 11 ] WHEREAS , initially, lessor's claim was for $3,300.00 "with 24% interest as of October 1, 2012, plus the additional indemnity stipulated in

section 1619 of the Civil Code of Quebec "; [ 12 ] WHEREAS , at trial, lessor amended its claim to $6,843.81, as outlined in exhibit P-20; [ 13 ] GIVEN sections 1851, 1855, 1890 and 1891 of the Civil Code of Quebec ; [ 14 ] WHEREAS lessee failed to respect its undertakings under the lease; [ 15 ] WHEREAS lessor is entitled to the following damages; [ 16 ] WHEREAS , with respect to the rent, lessor is entitled to $1,765.82, for the months of October and November, 2012, since it resiliated the lease on November 27, 2012 (exhibit P-9); [ 17 ] WHEREAS , according to the preponderance of evidence, no business taxes are owed (exhibit D-2); [ 18 ] WHEREAS lessee is also not liable for the payment of lessor's extra-judicial fees ("lawyer's fees"); [1] [ 19 ] WHEREAS lessee is liable for the cost of removing the sign which it installed: $546.13 (exhibit P-19); [ 20 ] WHEREAS there is no evidence to support lessor's allegation that it incurred any other "expenses for cleanup of locale/removal of commercial office equipment" (exhibit P-3); [ 21 ] WHEREAS the 2% monthly interest which lessor is claiming is not owed, as it is contrary to

section 4 of the Interest Act (R. S. C., 1985, c.

I-15); [ 22 ] WHEREAS , with respect to Angelo Massotti's personal liability, according to the preponderance of evidence, the Court finds that Massotti executed the contract, not only on behalf of the company, but also in his personal capacity and on his own behalf, as it was the common intention of the parties that both the company and Massotti be held jointly and severally liable under the contract (art. 1425 C.C.Q.); WHEREFORE THE COURT HEREBY: GRANTS plaintiffs' application in part; CONDEMNS 9199-6843 Quebec Inc. and Angelo Massotti jointly and severally to pay plaintiffs $2,311.95 plus legal interest and legal indemnity from November 27, 2012 plus costs. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: October 21, 2014 [1] Viel v. Entreprises immobilières du terroir ltée , 2002 41120 (C.Q. C.A.)