2015 QCCQ 10983, 2015 QCCQ 10983

Pomerantz c. Corber 2015 QCCQ 10983 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-142207-143 DATE: October 30, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ MITZI BRUKER POMERANTZ Plaintiff v. YONA CORBER and JEFFREY CORBER and CHRISTIAN MARCO and 9153-4859 QUEBEC INC. doing business under the firm and style name of RE/MAX ROYAL JORDAN P.M.

Defendants and YONA CORBER and JEFFREY CORBER Plaintiffs in warranty v.

ERIC TARANOWSKI Defendant in warranty ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS , on June 6, 2012, an exclusive brokerage contract to lease intervened between plaintiff and "Re/Max Royal (Jordan) Inc.", doing business at 315 Brunswick Street, suite 333, in Pointe-Claire, Quebec, with regards to the premises located at 185 Spring Garden, Dollard-des-Ormeaux, Quebec (exhibit D-4); [ 3 ] WHEREAS said contract states that broker's compensation is "one month per year + GST & QST" and "1 month per year rented + applicable Tx" in case of "any renewal of the lease" (paragraphs 6.1 and 6.3); [ 4 ] WHEREAS a lease was signed for said premises for a 2 year period, beginning July 24, 2012 (lease, exhibit D-3); [ 5 ] WHEREAS "Re/Max Royal (Jordan) Inc." received 2 months commission (invoice, exhibit P-2); [ 6 ] WHEREAS , however, as per Annex G exhibit D-2, "the 2 nd year of rental commission (1 st months rent) (was) to be returned to lessor if the lessee (did) not stay for the full 24 months, or if the lessee (did) not complete his full payment obligation"; [ 7 ] WHEREAS , in fact, the lessee vacated the premises before the end of the term, namely on December 3, 2013; [ 8 ] WHEREAS , further to plaintiff's demand letter dated December 16, 2013, for the reimbursement of "the second year of commission $3449.25 (taxes included …)" (exhibit P-4), "Re/Max Royal (Jordan) Inc." reimbursed plaintiff the sum of $2,586.94 (cheque, exhibit P-3), based on a pro rata calculation of tenant's occupancy during the renewal period; [ 9 ] WHEREAS plaintiff is now seeking to have the remainder of the commission reimbursed, namely $1,039.03, as well as

$500.00 "for stress, and time incurred by (the) claim"; [ 10 ] WHEREAS plaintiff is suing several defendants, including the real estate agents personally and other parties unrelated to contract D-4; [ 11 ] WHEREAS , given the terms and conditions stated in exhibits D-4 and D-2 above, plaintiff is entitled to the reimbursement of the remaining commission for the second year; [ 12 ] WHEREAS , however, as of October 28, 2015, "Re/Max Royal (Jordan) Inc." does not appear in the Registraire des entreprises du Québec ; [ 13 ] WHEREAS , therefore, plaintiff has a valid recourse against real estate agents Yona Corber and Jeffrey Corber personally, as they were the listing agents (listing, exhibit D-5); [ 14 ] WHEREAS plaintiff is further entitled to an additional amount of $500.00 for her trouble and inconvenience, as a direct result of the real estate agents not honouring their contractual obligations towards her (

article 1375 C.c.Q. ); [ 15 ] WHEREAS , however, there is no lien de droit between plaintiff and Christian Marco or 9153-4859 Québec Inc., doing business under the firm and style name of "Re/Max Royal Jordan P.M.", as they had nothing to do with the transaction at hand; [ 16 ] WHEREAS the cross-demand for "loss of time + cost of gaz and parking + legal advice + stress …" is nevertheless ill- founded; [ 17 ] WHEREAS cross-plaintiffs are not entitled to extra-judicial fees, [1] and, given the numerous and confusing names operating under the "Re/Max Royal (Jordan)" banner, plaintiff can hardly be held liable for including them as defendants; [ 18 ] WHEREAS , finally, the action in warranty against Eric Taranowski is allowed for his half portion of the commission and the damages to be reimbursed by Yona Corber and Jeffrey Corber; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application against Yona Corber and Jeffrey Corber; CONDEMNS Yona Corber and Jeffrey Corber jointly and severally to pay plaintiff the sum of $1,539.03, plus interest and the additional indemnity provided for by articles 1619 C.C.Q . as of January 13, 2014 plus judicial fees of $106.00; DISMISSES plaintiff's application against Christian Marco and 9153-4859 Québec Inc., doing business under the firm and style name of Re/Max Royal Jordan P.M., without costs; DISMISSES Christian Marco's and 9153-4859 Québec Inc.'s cross-demand; GRANTS the action in warranty against Eric Taranowski; CONDEMNS Eric Taranowski to pay Yona Corber and Jeffrey Corber 50 % of the total amount that they will have to pay plaintiff in virtue of the present judgment. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: October 27, 2015