2019 QCCQ 985, 2019 QCCQ 985
Opinion
Immeubles QMCC (2012) inc. c. Subway Franchise Restaurants 2019 QCCQ 985 COURT OF QUEBEC Practice Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL “Civil Division” No: 500-22-253301-199 DATE: February 20, 2019 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ LES IMMEUBLES QMCC
(2012) INC. Plaintiff v.
SUBWAY FRANCHISE RESTAURANTS OF CANADA LTD. -and- ANGELO CRISTOFARO -and- ERNESTO TIMBOL Defendants ______________________________________________________________________ JUDGMENT ON PLAINTIFF’S APPLICATION FOR ISSUANCE OF A SAFEGUARD ORDER ______________________________________________________________________ [ 1 ] CONSIDERING the Plaintiff’s Originating Application including an application for the issuance of a safeguard order contained therein; [ 2 ] CONSIDERING the Plaintiff’s Exhibits filed in the Court Record; [ 3 ] CONSIDERING the Plaintiff’s Sworn Declaration dated February 13, 2019 (Mireille Abdel Malek) filed in the Court Record; [ 4 ] CONSIDERING the representations made by counsel for the Plaintiff; [ 5 ] CONSIDERING that the Plaintiff’s application for the issuance of a safeguard order is well founded; FOR THESE REASONS, THE COURT: GRANTS in part the Plaintiff’s application for the issuance of a safeguard order; ISSUES the following orders: ORDERS the Defendants Subway Franchise Restaurants of Canada Limited, Ernesto Timbol and Angelo Cristofaro to pay to the Plaintiff Les Immeubles QMCC
(2012) Inc. the sum of $4,432.57 on account of the rent for the month of March 2019 within ten (10) days of the present order; ORDERS the Defendants Subway Franchise Restaurants of Canada Limited, Ernesto Timbol and Angelo Cristofaro to pay to the Plaintiff Les Immeubles QMCC
(2012) Inc. the monthly rent due as of April 1st, 2019 and the following months up until a final judgment on the first day of each month pursuant to the Offer to Lease entered into between the parties on or about May 22, 2003 and the Memorandum of Agreement dated October 4, 2010;
DECLARES that, in the event that the Defendants Subway Franchise Restaurants of Canada Limited, Ernesto Timbol and Angelo Cristofaro fail to comply with the present judgment regarding a safeguard order, then after receipt of a notice from Les Immeubles QMCC
(2012) Inc. providing a three (3) day notice before the default is confirmed, Les Immeubles QMCC
(2012) Inc. may ask the Court that Defendants Subway Franchise Restaurants of Canada Limited, Ernesto Timbol and Angelo Cristofaro be declared foreclosed from pleading and from producing any contestation to the Originating Application and that Les Immeubles QMCC
(2012) Inc. be authorized to proceed by default against Defendants; ORDERS that the present judgment shall remain in force until a final judgment is rendered in the present matter, THE WHOLE WITH LEGAL COSTS TO FOLLOW . __________________________________ Jeffrey Edwards, J.C.Q. Me Philippe A. Couture-Menard Miller Thomson L.L.P. Attorneys for Plaintiff Date of hearing: February 20, 2018
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