Khan c. Pang 2015 QCCQ 501 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-137630-135 DATE: January 13, 2015 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ MICHAEL M. KHAN Plaintiff v.

SAN PANG -and- VANNY MEY Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the proof heard by testimony of both Plaintiff and Defendants and their exhibits; [ 2 ] GIVEN that the case of the Plaintiff is based on the document entitled “Mandate” (Exhibit P-1) which he alleges provides for the payment of a commission in the event that a commercial lease is concluded with respect to the premises located at 1694 Ste- Catherine Street East, Montreal; [ 3 ] GIVEN that the material evidence on the said document does not establish that the Defendants signed and gave their consent to the modification of the mandate that initially related to premises located at another address; [ 4 ] GIVEN that the Defendants vigorously deny that they entered into any agreement with Plaintiff relating to the payment of a commission with respect to services rendered for the premises located at 1694 Ste-Catherine Street East; [ 5 ] GIVEN that the burden of the proof lies with the Plaintiff (Article 2803 (1) of the Civil Code of Quebec ); [ 6 ] GIVEN that the Plaintiff has failed to discharge his burden of proof (

Article 2865 of the Civil Code of Quebec ). FOR THESE REASONS, THE COURT: DISMISSES Plaintiff’s motion; WITH COSTS of $156 in favour of Defendants. __________________________________ Jeffrey Edwards, J.C.Q.

Date of hearing: January 13, 2015