2021 QCCQ 12, 2021 QCCQ 12

Akelius Montreal Ltd. c. Birch 2021 QCCQ 12 COURT OF QUEBEC Practice division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-22-264761-209 DATE: January 7, 2021 ______________________________________________________________________ BY THE HONOURABLE MAGALI LEWIS, J.C.Q. ______________________________________________________________________ AKELIUS MONTREAL LTD.

Plaintiff v. 365 EXPERIENCE INC. and AVERY BIRCH Defendants ______________________________________________________________________ JUDGMENT OF PLAINTIFF’S APPLICATION FOR SAFEGUARD ORDER ______________________________________________________________________ [ 1 ] WHEREAS Plaintiff has filed an application against the Defendants to claim payment of rent arrears and termination of leases; [ 2 ] WHEREAS in the context of the originating application is asking for the issuance of safeguard order; [ 3 ] WHEREAS the Defendants have not yet responded to the originating application that was served upon them on December 10 and 11, 2020; [ 4 ] WHEREAS Avery Birch indicated to the Court during Plaintiff’s presentation of its request for a safeguard order that the Defendants intend to pay the rent for the months of January and February 2021 and that the Court need not determine whether the conditions for the issuance of a safeguard order are met; [ 5 ] WHEREAS the proceedings and the exhibits submitted by the Plaintiff; [ 6 ] WHEREAS the two leases of which Plaintiff seeks the cancellation expire on February 28, 2021; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS in part the Application for Safeguard Orders; [ 8 ] ORDERS the Defendants, jointly and solidarily, to pay to the Plaintiff, within five (5) days of the present judgment, the monthly rent of $3,295 due for the month of January 2021 for the occupation of the leased premises located at [address 1], Montreal, Québec, [...], as well as, on the first day of the month, the rent payable on February 1, 2021; [ 9 ] ORDERS the Defendants, jointly and solidarily, to pay to the Plaintiff within five (5) days of this judgment, the monthly rent of $2,195 due for the month of January 2021 for the occupation of the leases premises located at [address 2], Montreal, Québec, [...], , as well as, on the first day of the month, the rent payable on February 1, 2021; [ 10 ] ORDERS the provisional execution of this judgment notwithstanding appeal; [ 11 ] DECLARES that should the Defendants not comply with the present safeguard order, Plaintiff may petition the Court to obtain a declaration that Defendants are foreclosed from pleading or contesting the Originating Application to Institute Proceedings and obtain any other sanction that the Court would judge appropriate; [ 12 ] THE WHOLE with legal costs to come. __________________________________ MAGALI LEWIS, J.C.Q.

Me Charles-Andrew Bessette Bessette Boudreau Avocats Inc. For the Plaintiff Date of hearing: January 6, 2021