Ahmad c. Mandelman 2014 QCCQ 3412 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-142550-146 DATE: APRIL 25, 2014 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MARTINE L. TREMBLAY, J.C.Q. ______________________________________________________________________ ISSA AHMAD Plaintiff v.

SZYJA MANDELMAN Defendant ______________________________________________________________________ TRANSCRIPT OF A JUDGMENT [1] RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The Court is seized with an action whereby Mr. Ahmad is asking for $1,100 in payment of arrears of rent for the period of August 2013 until January 15, 2014. The existence of the lease [2] is admitted. [ 2 ] The rented premises, a garage, were used by Mr. Mandelman for warehousing purposes.

He admits that he did not pay the rent because he was of the view that in July 2013, the landlord had stolen assets from him, which were worth way more than the amount of the outstanding arrears. [ 3 ] Mr. Ahmad denies being responsible for the disappearance of the goods. The superintendant at the time denies that he had the keys to the rented premises. [ 4 ] The Court has heard the parties. [ 5 ] The Court accepts that if it was to grant a postponement of this matter, a police officer would come to certify that a complaint was lodged with the police by Mr.

Mandelman and an employee would come and say that some pieces of equipment that he unloaded from Mr. Mandelman’s rental truck to the garage, when he went back a week or so later, had disappeared. [ 6 ] This being said, in law, considering each party’s burden of proof and the rules governing presumptions [3] , the Court cannot presume from the fact that goods disappeared that they were automatically taken by the landlord, who had the key to the premises. There may be various other explanations. It is just not sufficient. FOR THESE REASONS, THE COURT: [ 7 ] GRANTS Plaintiff’s action; [ 8 ] CONDEMNS Mr.

Mandelman to pay Mr. Ahmad the sum of $1,100 in payment of rent, together with the interest calculated from January 15, 2014; [ 9 ] CONDEMNS Mr. Mandelman to pay Mr. Ahmad the legal stamp of $122 and the cost of service of the action of $85.21. ________________________________ MARTINE L. TREMBLAY, J.C.Q. Date of hearing: April 25, 2014