2011 QCCQ 14112, 2011 QCCQ 14112

JD 2273 Tchakmakjian c. 7303521 Canada Corp. 2011 QCCQ 14112 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-22-183136-111 DATE: November 16, 2011 ______________________________________________________________________ BY THE HONOURABLE DANIEL DORTÉLUS ______________________________________________________________________ HAROUT TCHAKMAKJIAN Plaintiff/Cross-Defendant v. 7303521 CANADA CORP.

Defendant/Cross-Plaintiff and RIMA BOU MEHRI, Notary Mise en cause ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court, having heard the parties, after studying the procedure and the proof; [ 2 ] WHEREAS the Court is seized with Plaintiff Harout Tchakmakjian’s Motion to Dismiss Defendant’s Plea and Cross-Demand and to Declare Defendant’s Conduct Abusive; [ 3 ] WHEREAS given the allegations of Plaintiff’s Motion to Dismiss Defendant’s Plea and Cross-Demand and to Declare Defendant’s Conduct Abusive Court, and given preliminary representations of the parties, the Court suggested that the parties attempt to arrive at an agreement in respect of the contents of, and conclusion sought in Plaintiff’s Motion to Dismiss Defendant’s Plea and Cross- Demand and to Declare Defendant’s Conduct Abusive; [ 4 ] WHEREAS an agreement was reached between the parties in respect of certain conclusion of Plaintiff’s Motion to Dismiss Defendant’s Plea and Cross-Demand and to Declare Defendant’s Conduct Abusive, and shall be confirmed and ratified by the conclusion of this Judgment; [ 5 ] FOR THESE REASONS, THIS HONORABLE COURT HEREBY: [ 6 ] GRANTS, as drafted, Conclusion C. of Plaintiff’s Motion to Dismiss Defendant’s Plea and Cross-Demand and to Declare Defendant’s Conduct Abusive, and DECLARES Defendant 7303521 CANADA CORP.’s conduct to abusive, improper, vexatious and of bad faith; [ 7 ] GRANTS , as drafted, Conclusion D. of Plaintiff’s Motion to Dismiss Defendant’s Plea and Cross-Demand and to Declare Defendant’s Conduct Abusive, and CONDEMNS the directors and officers of Defendant 7303521 CANADA CORP. personally liable to pay damages to Plaintiff resulting from 7303521 CANADA CORP.’s abusive and improper use of proceedings, in the amount of $5,000.00; [ 8 ] ORDERS that payment in the amount of $5,000 in accordance with Paragraph 7 of the Conclusions of this Judgment be made by certified cheque payable to Freiheit Legal In Trust, and ORDER that said payment be delivered to the offices of Freiheit Legal at 4207 rue Ste-Catherine Ouest, Suite 301, Westmount, Quebec, H3Z 1P6, by no later than 16:30, November 23, 2011; [ 9 ] SUBSIDIARILY , in the event that payment in the amount of $5,000 in accordance with Paragraph 7 of the Conclusions of this Judgment is not made as per the terms provided for at Paragraph 8 of the Conclusions of this Judgment, GRANT Conclusions A. and B. of Plaintiff’s Motion to Dismiss Defendant’s Plea and Cross-Demand and to Declare Defendant’s Conduct Abusive, DISMISS Defendant 7303521 CANADA CORP.’s Plea and Cross-Demand, and DECLARE Defendant 7303521 CANADA CORP. be foreclosed from pleading; [ 10 ] ORDER that the examination after plea of Defendant’s representative, Mr.

Constantine (Chris) Niphakis, be held on December 8, 2011 at 9:30 at the Montreal Courthouse; [ 11 ] THE WHOLE without cost.

__________________________________ DANIEL DORTÉLUS, J.C.Q. Date of hearing: November 16, 2011