Zone de Texte: 2 Jain c. City of Mississauga 2017 QCCQ 10246 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-155364-161 DATE: September 5, 2017 ______________________________________________________________________ BY THE HONOURABLE DANIEL DORTÉLUS ______________________________________________________________________ ARUN KUMAR JAIN Plaintiff v.

CITY OF MISSISSAUGA Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS Plaintiff is seeking from the Defendant, The Corporation of the City of Mississauga, damages corresponding to two deposits made in support of tenders made for two properties located in Mississauga, Ontario; [ 2 ] WHEREAS the sale of these properties was made following the issuance by Mississauga of the notice of Sale of Land by Public Tender (Exhibit D-1) and is governed by the Municipal Tax Sales Rules, 0 Reg 181/03 (Regulation), adopted pursuant to the Municipal Act, 2001; [ 3 ] WHEREAS Mississauga does not have a domicile, residence or establishment in Quebec; [ 4 ] WHEREAS Mississauga does not submit to this Court's jurisdiction; [ 5 ] WHEREAS the matter is governed by Ontario law; [ 6 ] WHEREAS except for Plaintiff, all other witnesses would be representatives of Mississauga and are domiciled in Ontario; [ 7 ] WHEREAS the contracts which were formed by Plaintiff’s tenders were formed in Ontario; [ 8 ] WHEREAS the properties for which Plaintiff submitted tenders are located in Mississauga, Ontario; [ 9 ] The Tribunal concludes that Court of Quebec do not have jurisdiction over Plaintiff’s application and that it is the Small Claims Court of Ontario, which has jurisdiction over Plaintiff's application against Defendant, The Corporation of the City of Mississauga; FOR THESE REASONS, THE COURT : DECLINES jurisdiction regarding Plaintiff's application against The Corporation of the City of Mississauga. __________________________________ DANIEL DORTÉLUS, J.C.Q.

Date of hearing: September 5, 2017