Defendant

I would have preferred to have solved this problem differently, but neither my landlord nor I would give in. He is convinced that I must pay rent for the past five months, while I don’t think I owe him anything because of a clause in my lease.

This is what happened. I have a jewellery store in the plaintiff’s shopping mall. I like this location a lot because the clients are friendly and business is good. Even so, for several months I have been feeling ill while at the store. Sometimes I have headaches, other times I feel dizzy or have difficulty breathing. I only had these symptoms at work, so I started going into the store less often and this was affecting my bottom line. After reading an article in the paper about problems caused by poor air quality in some establishments, I asked my landlord to bring in an expert to evaluate the air quality at the shopping mall. He said that he had already done so a few years before. The expert had told him that the air inside the mall repected the standards. According to him, I just worried too much.

Faced with my stubborn landlord, I decided to contact an expert myself. The expert conducted his analysis and confirmed that the air in the mall was a problem. He recommended that I not stay in the store more than a few hours a day because the air could pose a risk to my health. I tried to reach my landlord to inform him of the situation, but he never returned my calls. I stopped paying the rent because the lease specifically stated that I could refuse to pay if the leased space presented a risk for my health.

After a few months, my landlord finally called to tell me to pay the missing rent immediately. I told him that he would have to correct the problem first. Both furious, we finally hung up the phone without an agreement.

Later on, I received a notice of default telling me that I had to pay the rent within 10 days. Complying was not an option: I was within my rights to refuse to pay.

And finally, bang! I get a document handed to me by a bailiff. The document explained the landlord’s demands in detail. Suddenly, I didn’t know what to do. Should I call my mother? The police?…I opted for a lawyer instead. It was a wise decision because he quickly took things in hand. He carefully explained what the document I had received was about, as well as the consequences that flowed from it. I found him to be highly competent.

The big day is here. I am happy that this affair is coming to an end, but at the same time, I am worried about the result. It is the first time I have ever set foot in a courtroom. After we all stood to welcome the judge, we are ready to begin the trial. I am still a bit surprised that the judge doesn’t have a gavel to bring us to order…I must have seen that in the movies! Such as it is, I put on my good suit and my lawyer put on his robe. We’re ready! And here we are, this whole story has brought us before a judge. I notice that I’m not the only one who is nervous: my landlord has even developed a nervous tic. Luckily, my lawyer has carefully explained how the trial will unfold. A little later, I will have to testify, but before that, it will be my landlord’s turn. I would have liked to have brought some written notes to avoid forgetting anything during my testimony, but my lawyer said that this is not allowed. As for the rest, it’s up to my lawyer!