2015 QCCQ 4157, 2015 QCCQ 4157

Zampieri c. Doron 2015 QCCQ 4157 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-138526-134 DATE: May 12, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ ROBERT ZAMPIERI Plaintiff / Cross-defendant v.

JOSEPH DORON Defendant / Cross-plaintiff ______________________________________________________________________ JUDGMENT BY DEFAULT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] GIVEN defendant's absence, notwithstanding having been duly notified and called; [ 2 ] GIVEN the evidence, including plaintiff's credible testimony and exhibits P-1 to P -7; [ 3 ] WHEREAS a lease agreement for a condo, in Florida, intervened between the parties; [ 4 ] WHEREAS the lease was for a 4 month term, at $1,500.00 per month; [ 5 ] WHEREAS defendant specifically told plaintiff that he would clean and prepare the premises for his arrival; [ 6 ] WHEREAS defendant asked for a $3,000.00 payment, in advance, which plaintiff paid; [ 7 ] WHEREAS , upon arrival, plaintiff discovered that the premises were uninhabitable, inter alia there were bugs, old appliances, dirty linen and no storage for plaintiff's belongings; [ 8 ] WHEREAS plaintiff immediately demanded that the lease be cancelled and his money reimbursed; [ 9 ] WHEREAS defendant agreed to this, albeit not immediately; [ 10 ] WHEREAS defendant undertook to reimburse plaintiff the $3,000.00 deposit, and gave him a cheque in this amount (exhibit P- 2); [ 11 ] WHEREAS defendant then stopped payment on the cheque (exhibit P-3); [ 12 ] WHEREAS defendant eventually reimbursed plaintiff $2,000.00, by way of 2 cheques of $1,000.00 each, which plaintiff

cashed, without prejudice to his rights to claim the full amount, that which he did; [ 13 ] WHEREAS defendant did not honor his contractual obligations towards plaintiff; [ 14 ] WHEREAS , as a result of defendant's omissions, plaintiff sustained the damages which he is claiming, namely the reimbursement of the outstanding amount of $1,000.00 which he paid as a deposit, and $111.00, representing the cost of a hotel room which he was obliged to rent, given the uninhabitable state of the condo (exhibit P-4); [ 15 ] WHEREAS plaintiff proved all of the facts alleged in his application, by preponderance of evidence; [ 16 ] GIVEN

article 285 of the Civil Code of Procedure ; [ 17 ] WHEREAS defendant has not justified his absence; [ 18 ] WHEREAS the Court thereby declares defendant's proof closed; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application; CONDEMNS defendant to pay plaintiff the sum of $1,111.00, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Quebec plus judicial costs in the amount of $105.00; DISMISSES defendant's cross-demand. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: May 12, 2015