2016 QCCQ 14772, 2016 QCCQ 14772

Pollack c. Azarpoor 2016 QCCQ 14772 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL “Civil Division” No: 500-22-226363-151 DATE: November 30, 2016 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ JOEL POLLACK Plaintiff v.

REZA AZARPOOR Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS legal proceedings have been instituted by Plaintiff against Defendant by way of Demand to Institute Proceedings (in Recovery of Arrears); [ 2 ] CONSIDERING the allegations of the Demand to Institute Proceedings (in Recovery of Arrears); [ 3 ] CONSIDERING the Affidavit filed by Plaintiff dated October 26, 2016; [ 4 ] CONSIDERING the exhibits in support thereof and the proof; [ 5 ] CONSIDERING that at the date scheduled for trial, the attorney for Defendant appeared and stated that his client would accept judgment on the basis that the conclusions of the judgment be $46,679.85 along with the other conclusions contained in a draft judgment submitted to the Court by Plaintiff’s attorney; [ 6 ] CONSIDERING that Plaintiff’s attorney confirmed that he agreed to such proposal on behalf of his client; [ 7 ] CONSIDERING that the parties have therefore entered into a transaction and have requested that the Court confirm the terms of the transaction by judgment; FOR THE ABOVE MENTIONED REASONS, THE COURT: DECLARES that the lease for those “Leased Premises” situated at […], in the City and District of Montreal, Province of Quebec, be terminated without renewal, as of the date of the present judgment; DECLARES that the Leased Premises revert to the Plaintiff Joel Pollack’s possession, as of the date of the present judgment;

ORDERS that Defendant Reza Azarpoor cease to occupy the Leased Premises, as of the date of the present judgment; CONDEMNS Defendant Reza Azarpoor to pay to Plaintiff Joel Pollack the amount of $46,679.85 as well as the legal rate of interest of 5% per year, plus the additional indemnity provided at

Article 1619 of the Civil Code of Quebec , commencing from the date of the present judgment; THE WHOLE with legal costs. __________________________________ Jeffrey Edwards, J.C.Q. Me David Rosenzveig Rosenzveig Strauber Waxman Attorneys for Plaintiff Me Shahrooz S. Mahmoudian SMS Legal s.e.n.c. Attorneys for Defendant Date of hearing: October 26, 2016