2017 QCCQ 7312, 2017 QCCQ 7312

Madaire c. Sebag 2017 QCCQ 7312 COUR DU QUÉBEC « Division des petites créances » CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL « Civil Chamber » N° : 500-32-700253-166 DATE : July 4 th , 2017 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE SYLVIE LACHAPELLE, J.C.Q. ______________________________________________________________________ RITA MARCELLA MADAIRE Plaintiff c. ROBERT SEBAG Defendant ______________________________________________________________________ JUGMENT ______________________________________________________________________ [ 1 ] Mrs.

Marcella Madaire (“ Mrs. Madaire ”) alleges that during the period from 2013 to 2016 she lived in fear and anxiety in Defendant’s building where she would have been disturbed by noises, loud music, squatting and traffic of marijuana. [ 2 ] Plaintiff claims $15,000 to Defendant Robert Sebag (“ Mr. Sebag ”) to compensate her damages. [ 3 ] Defendant contests Plaintiff’s claim on the ground that it is unfounded in fact and in law as he is not the owner of the building and in addition Plaintiff had signed a transaction agreement on September 29 th , 2016 with the owner of the building and that she gave full release.

THE FACTS [ 4 ] Mrs. Madaire argues that her claim goes back to 2013 and not only the last lease concerning her apartment number 8-3300 Goyer. [ 5 ] She also argues that she didn’t sign the transaction as someone forged her signature. [ 6 ] The document (exhibit D-1) referred to by Mr. Sebag titled Transaction–Termination of Lease Notice and Agreement concerns Marcella Madaire tenant of apartment number 8-3300 Goyer. [ 7 ] According to Mr.

Sebag, uncontradicted testimony the apartments number 2995 Goyer, 32-3290 Goyer, 20-5575 Victoria referred to in Plaintiff’s claim are not owned by Defendant. [ 8 ] In fact, the building 3300 Goyer where Plaintiff was a tenant of the apartment 8 is owned by a numbered company and Defendant Sebag is a shareholder of the company. [ 9 ] Considering that Marcella Madaire and the owner of the building 3300 Goyer by mutual consent terminated the lease on October 1 st , 2016. [ 10 ] Considering that Mrs.

Madaire and the owner of the building grant each other a full final and irrevocable release and discharge from any and all claims, suits, demands, recourses, rights, liabilities, actions of any nature whatsoever in connection with Obligations related to the lease agreement. [ 11 ] Considering that the proof reveals that Plaintiff left her apartment 8-3300 Goyer as it is mentioned in the transaction, which corroborates Mr. Sebag’s testimony that she consented and signed the transaction. [ 12 ] The Court concludes that the action in damages introduced on December 13, 2016 is unfounded in fact and in law.

FOR THE REASONS, THE COURT : DISMISSES Plaintiff’s demand introductory of suit without costs.

__________________________________ SYLVIE LACHAPELLE, j.c.Q. Date of hearing: March 6, 2017