2013 QCCQ 11244, 2013 QCCQ 11244

Caisse populaire Desjardins de Lac Mistassini c. Gilpin 2013 QCCQ 11244 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI TOWN OF AMOS « Civil Division »

N° : 640-22-000111-127 DATE : September 3, 2013 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ CAISSE POPULAIRE DESJARDINS DE LAC MISTASSINI Plaintiff-seizing creditor vs WAYNE GILPIN Defendant and THE CREE NATION OF EASTMAIN Garnishee ______________________________________________________________________ Judgment condemning a garnishee who fails to declare or deposit (Section 634 of the Code of civil procedure ) ______________________________________________________________________ [ 1 ] The seizing creditor submits an inscription for judgment pursuant to

section 634 of the Code of civil procedure , asking that the garnishee be condemned as personal debtor of the seizing creditor, since the garnishee failed to declare and deposit pursuant to

section 641 of the Code . [ 2 ] A writ was issued on January 14, 2013, authorizing the seizure of the defendant’s salaries and wages by garnishment. [ 3 ] The aforesaid writ was served to the defendant Wayne Gilpin, and to the garnishee The Cree Nation of Eastmain, in the manner provided by sections 634 and 146, alinea 2, of the Code . [ 4 ] The garnishee failed to fill a valid declaration of the employer and failed to deposit pursuant to

section 641 of the Code , despite two letters sent to the garnishee, on May 22 and July 17, 2013, notifying that the negative declaration filled by the treasurer David Peter was dismissed and demanding that the garnishee fill a new declaration and retain the seizable portion of the defendant salary. In a decision rendered on April 22, 2013, Gervais J. had dismissed the negative declaration of the garnishee. [ 5 ] The seizing creditor is well founded to ask that the garnishee be condemned as personal debtor according to

section 634 of the Code . [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] CONDEMNS the garnishee, The Cree Nation of Eastmain, as personal debtor of the amount of 30 394,28 $, with interest of 6.04 % per year and additional indemnity (1619 C.c.Q. ) as of December 10, 2011, plus legal costs in the amount of 2 260,71 $, to be paid to the seizing creditor Caisse Populaire Desjardins de Lac Mistassini. [ 8 ] THE WHOLE with costs. __________________________________ CLAUDE BIGUÉ, J.C.Q. Me René Martineau Martineau, Daoust, Boulianne, Pelletier, avocats For the plaintiff-seizing creditor

Date of hearing : August 26, 2013