Executive Summary: Key Legal and Evidentiary Issues

• Termination of employment and the accessory residential lease for the building concierge.

• Plaintiff requested confirmation of lease termination, eviction, and monetary compensation for incurred costs.

• Defendant did not respond to the proceedings, resulting in default judgment steps.

• Plaintiff submitted employment contract, notices, sworn declarations, and itemized damage claims as evidence.

• The court examined the validity of the lease termination and the substantiation of damages.

• Damages included costs for security, lock changes, cleaning, repairs, and external concierge services.

Facts and outcome of the case

Background and facts

The Syndicat des copropriétaires de Loggia II filed an introductory application on 31 May 2024 against Oleg Mokriak, the building’s concierge. The association alleged that Mokriak’s employment was terminated for cause by notice dated 2 April 2024. The employment contract signed in April 2023 provided that the right to occupy a residential unit in the building was an advantage accessory to employment, and this right ended upon termination, as permitted by article 1976 of the Code civil du Québec. The contract specified that this advantage would cease ten business days after written notice from the association.

Mokriak refused to accept the notice and did not return the keys to the building’s common areas, requiring the association to change several locks. Despite being given until 25 April 2024 to vacate, Mokriak remained in the unit, preventing the association from hiring a new resident concierge and forcing it to use external concierge services at a higher cost. Mokriak left the unit on 3 June 2024, after being served with the introductory application, but took the keys and access fobs with him, requiring another lock change. He returned several times in June to retrieve personal belongings, prompting the association to hire its property manager to monitor his conduct. Upon inspection, the unit was found in poor and damaged condition, requiring cleaning and repairs and further delaying the arrival of a replacement concierge.

Court’s analysis and decision

The court found that the association had properly terminated the employment and the accessory lease in accordance with the contract and the law. Mokriak’s refusal to vacate and to return the keys resulted in additional costs for the association, including services of the property manager, changing locks, cleaning, repairs, and the increased cost of external concierge services. The association provided supporting documentation for each claim, including sworn declarations and an inventory of submitted pieces.

Outcome

The court partially granted the association’s application. It declared that the accessory lease ended on 24 April 2024 and noted that Mokriak vacated the unit on 3 June 2024. The court ordered Mokriak to pay the association $6,324.86, with legal interest and an additional indemnity, as well as court costs.