2016 QCCQ 1463, 2016 QCCQ 1463

Chapin c. Uno Investments Inc. 2016 QCCQ 1463 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No. 500-32-144020-148 DATE: February 3, 2016 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD ______________________________________________________________________ CHRISTOPHER ROBERT CHAPIN Plaintiff v. UNO INVESTMENTS INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Christopher Robert Chapin is claiming $7,000 from Uno Investments inc. ( Uno ) for damage that he suffered as a result of the eviction, without just and reasonable cause, of his son who was renting an apartment from Uno and of the unfounded termination of his son's employment contract as "Resident Assistant". [ 2 ] On November 16, 2015, Uno's director of operations, Ms Amanda Kamel, solicited a request to postpone the hearing scheduled for December 16, 2015. [ 3 ] On November 27, 2015, Louise Comeau J., assistant coordinating judge of the Civil Division of the District of Montréal, dismissed the request for postponement. [ 4 ] At the hearing, another Uno representative again solicited a postponement of the hearing.

The undersigned explained to her that such a postponement could not be granted since Comeau J. had already denied it. [ 5 ] The latter Uno representative was not aware of the facts of this case and did not present any witness in support of the contestation filed in the Court record. [ 6 ] This being so, Mr Chapin testified and established the damage incurred by him following his son's eviction from the apartment that he was renting from Uno and the termination of his son's employment contract. [ 7 ] Given the absence of evidence in support of Uno’s contestation, the Court has no other choice than to allow Mr Chapin's claim since he established that it is well-founded.

THEREFORE, THE COURT: ALLOWS the claim of Christopher Robert Chapin against Uno Investments inc.; CONDEMNS Uno Investments inc. to pay Christopher Robert Chapin $7,000 plus interest at the legal rate and the additional indemnity provided for in

article 1619 of the Civil Code of Québec from September 18, 2014, date of service; CONDEMNS Uno Investments inc. to pay Christopher Robert Chapin $169 as legal costs. __________________________________HENRI RICHARD J.C.Q. Hearing date: December 16, 2015