Thurairajah c. Plomberie Duchesne inc. 2014 QCCQ 4712 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-088476-058 DATE: May 12, 2014 ______________________________________________________________________ BY THE HONOURABLE NATHALIE CHALIFOUR, J.C.Q. ______________________________________________________________________ SRISKANDARAJAH THURAIRAJAH Plaintiff v. PLOMBERIE DUCHESNE INC.

Defendant -and- BANK OF MONTREAL Garnishee ______________________________________________________________________ REVISED GROUNDS OF THE JUDGEMENT RENDERED ON THE BENCH ______________________________________________________________________ For the revised grounds [1] pronounced verbally during the hearing and recorded numerically, THE COURT: CONSIDERING that the evidence established that Plaintiff did not pay what was due in conformity with the judgment rendered by this Court on August 30, 2006, in favour of Defendant; CONSIDERING that Plaintiff made a payment in favour of Defendant but only for the amount of money representing the capital; CONSIDERING that Defendant received a cheque for said amount on or about September 30, 2006; CONSIDERING that Defendant did not cash said cheque because said payment was not in conformity with the judgement rendered on August 30, 2006; CONSIDERING that both parties have neglected to contact each other and ensure that the litigation ends;

CONSIDERING that Defendant instituted the seizure proceedings only in February 2014 without ever having contacted the Plaintiff between September 2006 and the time of these proceedings; FOR THESE REASONS, THE COURT: DISMISSES the opposition; GRANTS , in part, the seizure; DECLARES that the amounts due by Plaintiff to Defendant are as follows: - Amount of judgement awarded: $ 864,64 - Interests at the legal rate plus the additional indemnity, in conformity with the Civil Code of Quebec from date of the demand letter, dated January 16, 2004 until September 30, 2006; - Costs awarded in the judgment : $ 133 - Costs for the seizure proceedings: $ 94,50 - The legal taxable costs, related to bailiff fees. __________________________________ NATHALIE CHALIFOUR, J.C.Q.