2020 QCCQ 900, 2020 QCCQ 900

151276 Canada inc. c. Ahmed 2020 QCCQ 900 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-704901-182 DATE: February 25, 2020 ______________________________________________________________________ PRESIDED BY THE HONOURABLE GILLES LAREAU, J.C.Q. ______________________________________________________________________ 151276 CANADA INC. Plaintiff v.

SULTAN AHMED & FAHEEM AHMED Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims from the Defendants the sum of $11,122.34 representing arrears of rent for the leased premises located at 5317 Decarie Blvd. in Montreal (Quebec). [ 2 ] The Defendants have jointly filed a defense which states that Sultan Ahmed has not signed the lease although his signature appears on the lease. [ 3 ] The evidence adduced at trial shows that 151276 Canada Inc. and Sultan Ahmed have entered into a lease agreement for a period of twelve (12) months, starting August 1 st , 2017 and ending July 31 st , 2018, at a monthly rent of $1,200.00 plus taxes. [ 4 ] As of December 1 st , 2017, no rental payments were made to the Plaintiff. [ 5 ] The Plaintiff claims the sum of $4,139.10 for arrears of rent and an amount of $6,898.50 as liquidated damages, forming a total of $11,037.60 [1] (Exhibit P-3). [ 6 ] The lease was cancelled on March 1 st , 2018 at which date the Plaintiff took possession of the premises. [ 7 ] The lease does not provide for the right to claim “liquidated” damages and the Plaintiff failed to demonstrate that it took reasonable measures to mitigate its damages. [ 8 ] The Defendant, Faheem Ahmed, is the son of Sultan Ahmed.

He claims that he is the one who signed the lease and not his father and that the latter should not be held accountable for the arrears of rent. This was done without the knowledge of the Plaintiff, Sultan Ahmed. [ 9 ] This is the only ground of defence that is being raised. [ 10 ] As a rule of evidence,

section 2863 of the Civil code of Quebec ( C.c.Q. ) provides that : 2863. The parties to a juridical act set forth in a writing may not contradict or vary the terms of the writing by testimony unless there is a commencement of proof. [ 11 ] Faheem Ahmed is not a party to the lease and may therefore contradict the terms of such. Since no representative of the Plaintiff was present when the lease was signed by one of the Defendants, this fact was not contradicted. [ 12 ]

Section 2852 C.c.Q. regulates the effect of an admission made in the confines of the proceeding in which it is invoked : 2852 . An admission made by a party to a dispute or by an authorized mandatary makes proof against the party if it is made in the proceeding in which it is invoked. It may not be revoked, unless it is proved to have been made through an error of fact. The probative force of any other admission is left to the appraisal of the Court. [ 13 ] Faheem Ahmed admitted having signed the lease and having occupied the premises until December 2017. He is therefore the tenant and is liable in regards to the payment of the rent.

[ 14 ] Since the lease did not provide for liquidated damages and considering that the Plaintiff did not demonstrate having made any realistic attempts to mitigate said damages, the Court will limit them to a period of three months following the cancellation of the lease. FOR THESE REASONS, THE COURT: GRANTS IN PART the Plaintiff’s action; CONDEMNS Faheem Ahmed to pay to 151276 Canada Inc. the amount of $8,278.20 with interest at the legal rate, plus the additional indemnity stipulated in

section 1619 of the Civil code of Quebec as of the date of the institution of the present action. DISMISSES The Plaintiff's action as against Sultan Ahmed. The whole with judicial costs in the amount of $302.00. __________________________________ GILLES LAREAU, J.C.Q. Date of hearing: October 29, 2019