2011 QCCQ 14736, 2011 QCCQ 14736

Centre jeunesse de la Montérégie c. W.S. 2011 QCCQ 14736 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF LONGUEUIL « Civil Division » N° : 505-22-018970-113 DATE : November 23, 2011 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE L’HONORABLE JUGE VIRGILE BUFFONI, J.C.Q. ______________________________________________________________________ CENTRE JEUNESSE DE LA MONTÉRÉGIE Plaintiff c. W... S... and Y... S...

Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the Transaction entered into between the parties on November 21, 2011; [ 2 ] CONSIDERING the parties' request that said Transaction be homologated by the Court; [ 3 ] CONSIDERING

Article 2633 of the Civil Code of Québec ; [ 4 ] CONSIDERING that the said request is well founded; WHEREFORE, THE COURT : [ 5 ] HOMOLOGATES the Transaction entered into between the parties on November 21, 2011, which Transaction reads as follows (sic.) : « WHEREAS the parties want to settle the dispute referred in the above mentioned title; THE PARTIES AGREE AS FOLLOWS: 1 The defendant admits owing to the plaintiff the total amount of 1 895,04 $ (one thousand eight hundred ninety-five dollars and four cents), which is as follow: 1.1 Parental contribution for the child placement between September 6 2009 to March 31, 2011, for the amount of 1 492,27$ (one thousand four hundred ninety-two dollars and seventy-seven cents); 1.2 Legal fees: 371,70$ (three hundred and seventy-one dollars and seventy cents):

a) Notice fees : 25,00 $ (twenty-five dollars);

b) Signification fees: 86,70$ (eighty-six dollars and seventy cents);

c) Judiciary stamp for application instituting proceedings: 135,00$ (one hundred thirty-five dollars);

d) Legal fees: 125,00$ (one hundred twenty-five dollars);

e) Interest : 31,07 $ (thirty-one dollars and seven cents). 2 The defendant agrees to pay to the plaintiff the total amount as specified at

article 1 hereof as follow: 2.1 Nine (9) consecutive and equal payment of the amount of 200,00$ (two hundred dollars) as a monthly payment for a total of 1 800,00$ (one thousand eight hundred dollars) ; 2.2 One (1) payment of the amount of 95,04 $ (ninety-five dollars and four cents) the following month the payments described at the

article 2.1 of the present transaction; 2.3 The first payment as described in the

article 2.1 and 2.2 of the present transaction will begin on September 1st 2011 and the following will be the first day of each month. 3 The defendant will sent to the plaintiff following the signature of the present transaction 10 (ten) post-dated cheques as agreed hereof in the

article 2.1, 2.2 and 2.3. 4 The defendant renounce to all claims resulting from the facts or circumstances resulting of the signature of the present transaction and/or contained in the application instituting proceeding dated August 17 th 2011. 5 Following the full payment of the amount mentioned in the paragraph 1, 2 and 3 of the present transaction, the plaintiff agrees to give full and final release of the amount due by the defendant in the application of August 17th, 2011, for the placement period of the child mentioned in

section 1.1. 6 All lack of the defendant to respect the obligations contained in the present transaction, and which will not be corrected within ten (10) days following the reception by the defendant of a notice will make the full amount claimed due and payable immediately against the defendant. 7 The parties elect domicile at the address listed above mentioned for the purposes of the present transaction, therefore unless contrary written notice. 8 The present constitute a transaction between the parties under

section 2631 of the Civil code of Quebec . 9 The parties agrees that the present transaction will be homologated by the court, under

section 2633 of the Civil code of Quebec . Whereof the parties have signed

Ce 21 ième jour du mois de novembre de l'an 2011. (

s) Me Claudine Cormier M e Claudine Cormier, pour Bourdeau, Antaya, Cormier Plaintiff procureurs (

s) W... S... (

s) Y... S... W... S... Y... S... Defendant Defendant [ 6 ] ORDERS the parties to comply with it. __________________________________ VIRGILE BUFFONI, J.C.Q. Me Claudine Cormier Bourdeau, Antaya, Cormier, avocats Procureur de la

partie demanderesse