A dispute arose over a commercial lease involving premises at 460 Rue Saint-Jacques Ouest, Lachine.
The lease, initially signed in 2015, was for a commercial purpose (aquarium and garden design services).
After the property changed ownership in 2021, the new owner, 9368-1872 Québec Inc., issued a termination notice for June 30, 2022, unless a new lease was signed.
The tenant, David Nanasi, contested, claiming the premises were residential.
Key Legal Issues:
Entitlement to Damages: Whether the plaintiff is entitled to $33,568.54 for unpaid rent post-lease expiry (July 2022–December 2023).
Mitigation of Damages: Whether the plaintiff minimized their financial losses effectively.
Court's Findings:
Lease Classification: The court affirmed the lease was commercial based on evidence (e.g., absence of residential features like a kitchen or functional shower).
Breach and Damages: Nanasi continued occupying the premises after the lease expired without paying market rent. Expert evidence supported the plaintiff's valuation of $2,500–$2,700/month.
Mitigation Efforts: The plaintiff took reasonable steps (advertising, re-letting part of the premises by March 2024) to minimize damages.
Decision:
The court awarded:
$33,568.54 for unpaid rent (July 2022–December 2023).
$9,312.99 for the vacancy period (January–March 2024).
Both sums include interest and additional indemnities under Quebec's Civil Code.
