2016 QCCQ 353, 2016 QCCQ 353

9155-6373 Québec Inc. c. Mahmood (Top Hand Driving School) 2016 QCCQ 353 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-145882-157 DATE: January 15, 2016 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JULIE VEILLEUX, J.C.Q. ______________________________________________________________________ 9155-6373 QUÉBEC INC. 361 Locke Street Montréal, Québec H4T 1X7 Plaintiff vs.

AKHTAR MAHMOOD Doing business under the name Top Hand Driving School 1020 A Jean-Talon West Montréal, Québec H3N 1T1 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A judgment by default condemning Defendant to an amount of $6,112.03 was rendered by Mrs. Justice Lavigne last September 22 nd . Defendant presented a Motion for revocation of judgment which was granted by this Court on December 15, 2015.

CONTEXT [ 2 ] On September 1 st , 2013, Plaintiff leased to Defendant a premises located at 6830 Avenue du Parc, Apt. 200 for a monthly rent of $1,476.30. [ 3 ] Defendant occupied the premises and paid the rent up until the month of October of 2014.

At some point, he left without prior informing Plaintiff, although the lease contained the following section: The lessee may vacate local with three month notice. [ 4 ] Plaintiff seeks the payment of the rent for four months: the month of November of 2014 where Defendant left leaving the lettering outside the premises together with the three month period agreed upon in the lease. Plaintiff sent a letter of demand to Defendant on November 27, 2014 and also claims $125.00 for said letter. [ 5 ] Defendant argues that he gave Plaintiff a written notice of his intention to leave the premises.

He also contends that Plaintiff accepted his notice in writing. However, Defendant cannot provide the Court with these documents as he alleges that they were stolen from him by one of Plaintiff's representative who had the key to his premises. ANALYSIS [ 6 ] The lease agreed upon by the parties provided that Defendant had to give a three month notice to Plaintiff before vacating the premises.

The proof offered by Defendant with respect to such notice is not preponderant and the Court finds that Defendant is liable for three month rent. [ 7 ] However, the Court does not grant the additional month rent claimed by Plaintiff considering the security deposit given by Defendant at the signing of the lease. [ 8 ] Finally, the Court grants an amount of $125.00 to Plaintiff for the letter of demand. FOR THESE REASONS, THE COURT:

GRANTS in

part 9155-6373 Quebec Inc. against Akhtar Mahmood; CONDEMNS Akhtar Mahmood to pay 9155-6373 Quebec Inc. an amount of $4,553.90 with the interest at the legal rate together with the additional indemnity as per

section 1619 C.C.Q. as of February 20 th , 2015; THE WHOLE with costs ($90.00). __________________________________ JULIE VEILLEUX, J.C.Q. Date of hearing: December 15, 2015