2021 QCCQ 4418, 2021 QCCQ 4418

Royal Bank of Canada c. Heirs of Farrell 2021 QCCQ 4418 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF PONTIAC TOWN OF CAMPBELL’S BAY Civil Division No: 555-22-000169-216 DATE: May 26, 2021 ______________________________________________________________________ BY THE HONOURABLE PATSY BOUTHILLETTE, J.C.Q. ______________________________________________________________________ ROYAL BANK OF CANADA Plaintiff v.

HEIRS OF THE LATE NEIL FARRELL Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] THE COURT , on the Originating Application to Institute Proceedings for sale under judicial authority and personal condemnation; [ 2 ] HAVING examined the Application, Exhibits and Affidavit of Plaintiff’s representative; [ 3 ] WHEREAS proof of the allegations has been made; [ 4 ] CONSIDERING that the Application is well-founded in facts and in law; FOR THOSE REASONS: [ 5 ] GRANTS the Application; [ 6 ] RECOGNIZES the existence of Plaintiff's claim, the failure by Defendants to fulfill their obligations towards Plaintiff under the RBC Homeline Plan Agreement (P-1), the Deed of Immovable Hypothec (P-2) and the Prior Notice (P-5), the refusal of Defendant to voluntarily surrender the hypothecated property to Plaintiff and the absence of a valid cause for contestation; [ 7 ] DECLARES Defendant in default pursuant to the terms of the RBC Homeline Plan Agreement (P-1), the Deed of Immovable Hypothec (P-2) and the Prior Notice (P-5); [ 8 ] CONDEMNS Defendant to pay to Plaintiff the amount of $ 38,783.12 plus interest at the rate of 2.450% per annum as of April 7, 2021, plus the additional indemnity provided for by

Article 1619 of the Quebec Civil Code as of January 27, 2021 and the fees; [ 9 ] CONDEMNS Defendant to pay to Plaintiff the amount of $ 3,765.80 plus interest at the rate of 8% per annum as of April 7, 2021, plus the additional indemnity provided for by

Article 1619 of the Quebec Civil Code as of December 15 th , 2020 and the fees; [ 10 ] ORDERS the sale by judicial authority of the following property: Lot number [...] Cadastre of Quebec Registration Division of Pontiac Address: [...], Portage-du-Fort, QC [...] [ 11 ] ORDERS Defendant to surrender the immovable property described above in favour of Plaintiff within ten (10) days following the service of the judgment, with full possession and control by Plaintiff for the sale by judicial authority by the officer designated below; [ 12 ] ORDERS the expulsion of Defendant if the immovable property is not surrendered within the time period set out in the judgment;

[ 13 ] APPOINTS Rachelle Ouellet or Geneviève Bonnichon or Jérôme Hubert or Maude Castagne, notary, as officer to proceed with the sale by judicial authority and to prepare the Scheme of Collocation and to distribute all sums in accordance with the Scheme of Collocation and to prepare any other document with respect to the present mandate; [ 14 ] SETS the remuneration of the officer at the hourly rate of $125.00 plus disbursements; [ 15 ] AUTHORIZES the officer to hire an agent for the purpose of the sale at a commission not exceeding 6% of the sale price; [ 16 ] ORDERS the sale of the immovable to be made without legal warranty; [ 17 ] SETS the minimum sale price at $ 51,075.00; [ 18 ] THE WHOLE with legal costs. __________________________________ PATSY BOUTHILLETTE, J.C.Q.

M e Olivier Poulette Gowling WLG (Canada) s.e.n.c.r.l., s.r.l. Counsel of the Plaintiff Date of hearing: May 11, 2021