2016 QCCQ 10825, 2016 QCCQ 10825

Calman c. Vicomte Condominium Association 2016 QCCQ 10825 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-146670-155 DATE: October 4, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ ALFRED CALMAN Plaintiff v.

LE VICOMTE CONDOMINIUM ASSOCIATION Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS , on December 3, 2014, the parties entered into a transaction with regards to the present matter ("Quotation", exhibit D-4); [1] [ 3 ] WHEREAS plaintiff, inter alia , clearly signed said transaction with a view to prevent a future contestation with regards to the captioned matter, namely "Pour: demolition et construction de mur au milieu " (sic) (exhibit D-4); [ 4 ] WHEREAS , as stated by Constantin Bostan at trial, at the time he submitted quotation exhibit D-4, in November, 2014, both he and the parties believed that the common wall would have to be demolished, which was ultimately not the case; [ 5 ] WHEREAS , therefore, when plaintiff signed the quotation, in guise of a settlement agreement, he did so with that in mind, and consequently cannot renege on said transaction today; [ 6 ] WHEREAS , in virtue of art. 2633 of the Civil Code of Quebec , a transaction has, between the parties, the authority of a final judgment ( res judicata ); [ 7 ] WHEREAS the Court is therefore without jurisdiction to intervene in this matter; WHEREFORE THE COURT HEREBY: DECLINES JURISDICTION , each party paying its own legal costs.

__________________________________ ELIANA MARENGO, J.C.Q. Dates of hearings: March 10 and September 20, 2016