2017 QCCQ 1571, 2017 QCCQ 1571

Iamonico c. Pantin 2017 QCCQ 1571 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-153813-169 DATE: February 17, 2017 ______________________________________________________________________ PRESIDED BY THE HONOURABLE GILLES LAREAU, J.C.Q. ______________________________________________________________________ ROBERT IAMONICO Plaintiff v.

RONALD PANTIN Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On August 26, 2016 the Plaintiff, Robert Iamonico (IAMONICO) instituted proceedings in damages against the Defendant Ronald Pantin (PANTIN).

He claims from him the amount of 11,275.00$ as compensation for his financial losses incurred as a result of his investments in the company Pacific Exploration and Production inc. (PACIFIC). [ 2 ] PANTIN is sued in his capacity as a director of PACIFIC. [ 3 ] IAMONICO alleges that the actions of PANTIN were « very oppressive and therefore disadvantaged the shareholders, and also issued many false statements and misleading statements which caused severe financial losses. » [ 4 ] This action follows the reception by IAMONICO of the initial order for protection pursuant to the Companies' Creditors Arrangement Act [1] (CCAA) from the Ontario Superior Court of Justice Commercial List ordering that the initial claim filed by him against PACIFIC be stayed. [ 5 ] Today, PANTIN is seeking the same protection and asks that the present proceedings be stayed as well. [ 6 ]

Section 22 of the Initial Order stipulates that: 22.

THIS COURT ORDERS that during the Stay Period, and except as permitted by subsection 11.03(2) of the CCAA , no Proceeding may be commenced or continued against any of the former, current or future directors or officers of any of the Applicants with respect to any claim against the directors or officers that arose before the date hereof and that relates to any obligations of any of the Applicants whereby the directors or officers are alleged under any law to be liable in their capacity as directors or officers for the payment or performance of such obligations, until a compromise or arrangement in respect to the Applicants, if one is filed, is sanctioned by this Court or is refused by the creditors of the Applicants or this Court. [ 7 ] The stay of proceedings granted by the Initial Order has been extended to October 31, 2016 pursuant to the Order of Justice Hainey dated August 23, 2016.

Accordingly, IAMONICO's present claim filed on August 26, 2016 ought not to have been filed since the Initial Order precluded any person from commencing or continuing any proceeding against any former, current or future director or officer. FOR THESE REASONS, THE COURT : DISMISSES Robert Iamonico's action. With judicial costs. __________________________________ GILLES LAREAU, J.C.Q. Date of hearing: January 23, 2017