2011 QCCQ 15373, 2011 QCCQ 15373
Opinion
9208-9804 Quebec inc. c. 9231-1372 Quebec inc. 2011 QCCQ 15373 C O U R T O F Q U E B E C CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No.: 500-22-186668-110 DATE: December 6, 2011 ___________________________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE MICHEL A. PINSONNAULT, J.C.Q. ___________________________________________________________________________________ 9208-9804 QUEBEC INC.
Plaintiff vs. 9231-1372 QUEBEC INC. -and- THI HUAN LAN HO Defendants ___________________________________________________________________________________ JUDGMENT ___________________________________________________________________________________ [ 1 ] The Plaintiff comes before this Honorable Court to request the resiliation of commercial lease and payment of arrears of rental: [ 2 ] SEEING the representations of the Plaintiff’s attorney as well as the e-mails from Defendant 9231-1372 QUEBEC INC. attorney dated December 2, 2011;
[ 3 ] SEEING the amended introductory motion of the Plaintiff, the Plaintiff’s Affidavits and the Exhibits; [ 4 ] SEEING the default of the Defendant 9231-1372 QUEBEC INC. to respect the Safeguard Order as ordered by the Honorable Justice Daniel Dortélus and as such is foreclosed to produce their contestation in the present case at bar. 500-22-186668-110 FOR THESE REASONS, THE COURT: [ 5 ] CONDEMNS the Defendant, 9231-1372 QUEBEC INC., to pay to the Plaintiff, 9208-9804 QUEBEC INC., the sum of $21 931.50 representing the arrears of rental and additional rental, plus legal interest and the additional indemnity provided by
article 1619 C.C.Q. and that since the service of the present proceeding; [ 6 ] CONDEMNS the Defendant 9231-1372 QUEBEC INC. to pay to the Plaintiff, 9208-9804 QUEBEC INC., the sum of $ 15,000.00 representing three (3) months of rental as damages in addition to legal fees plus legal interest and the additional indemnity provided by
article 1619 C.C.Q. and that since the service of the present proceeding; [ 7 ] DECLARES the Lease, Exhibit P-2 dated June 26, 2007, as well as the Sub-Lease Agreement, Exhibit P-4, as resiliated; [ 8 ] ACKNOWLEDGES Defendant’s, 9231-1372 QUEBEC INC., undertaking to vacate the leased premises situated at 8666 avenue Chaumont, in the city of Anjou, district of Montreal, province of Québec and to remit the keys to Plaintiff by 5:00PM on December 6, 2011; upon Defendant’s failure to do so, AUTHORIZES Plaintiff to change the locks and the alarm system of the leased premises at 8 666 avenue Chaumont, in the city of Anjou, district of Montreal and province of Québec ; [ 9 ] ACKNOWLEDGES Defendant’s, 9231-1372 QUEBEC INC., acquiescence to the seizure before Judgment practiced herein; [ 10 ] ORDERS that the Plaintiff be put lawfully in possession of the leased premises; [12] THE WHOLE WITH COSTS . _______________________________ MICHEL A.
PINSONNAULT, J.C.Q. JP1736
Me Nadia Buttino Attorney for Plaintiff
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