Duchesne et Gelter 2014 QCCQ 12944 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF R ouyn-Noranda TOWN OF R ouyn-Noranda No: 600-22-002224-146 DATE: December 10, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ RONALD DUCHESNE , domiciled and residing at […] in Rouyn-Noranda, District of Rouyn- Noranda, Province of Quebec, […] Applicant and STEPHEN GELTER AND COLETTE BEAUDOIN, domiciled and residing at […] in Vernon, Province of British Columbia, […] Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Given the motion to institute proceedings; [ 2 ] Given the defendants' failure to appear; [ 3 ] Given the evidence adduced and the exhibits filed of record; [ 4 ] Considering that the application is founded; therefore, the Court: [ 5 ] Allows this motion; [ 6 ] Pronounces the nullity of the sales contract for the 2006 Sportscoach recreational vehicle; [ 7 ] CONDEMNS the defendants Stephen Gelter and Colette Beaudoin, jointly and solidarily, to pay the applicant Ronald Duchesne $50 000, with interest at the legal rate, plus the additional indemnity provided for in

article 1619 of the Civil Code of Québec , as of January 1 st , 2013; [ 8 ] CONDEMNS the defendants Stephen Gelter and Colette Beaudoin to pay the applicant Ronald Duchesne $5000 for disturbances and in damages, with interest at the legal rate, plus the additional indemnity provided for in

article 1619 of the Civil Code of Québec , as of the date of service of the motion to institute proceedings; [ 9 ] ORDERS the defendants Stephen Gelter and Colette Beaudoin to transmit all the personal effects of the applicant Ronald Duchesne and his wife in accordance with Exhibit P-3, within thirty (30) days of the judgment to be rendered or, if they fail to do so, CONDEMNS the defendants Stephen Gelter and Colette Beaudoin to pay the applicant Ronald Duchesne $1 866.30, which amount is equal to his loss, with interest at the legal rate plus the additional indemnity provided for in

article 1619 of the Civil Code of Québec , as of the date of service of the presents; [ 10 ] THE WHOLE with costs. __________________________________ Josée Bélanger, J.C.Q. Me Sandra Éthier, attorney for the applicant Date of hearing: November 3, 2014