Caisse Desjardins de Chibougamau c. Cheezo 2013 QCCQ 4323 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI TOWN OF AMOS « Civil Division »

N° : 640-22-000145-125 DATE : April 24, 2013 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ CAISSE DESJARDINS DE CHIBOUGAMAU Plaintiff-seizing creditor vs MERVINA CHEEZO Defendant and CREE BOARD OF HEALTH AND SOCIAL SERVICES OF JAMES BAY (Dispensaire de Eastmain) Garnishee ______________________________________________________________________ Corrected judgment condemning a garnishee who fails to declare or deposit (Section 634 of the Code of civil procedure ) ______________________________________________________________________ [ 1 ] The seizing creditor submits an inscription for judgment pursuant to

section 634 of the Code of civil procedure , asking that the garnishee be condemned as personal debtor of the seizing creditor, since the garnishee failed to declare and deposit pursuant to

section 641 of the Code . [ 2 ] A writ was issued on October 2, 2012, authorizing the seizure of the defendant’s salaries and wages by garnishment. [ 3 ] The aforesaid writ was served to the defendant Mervina Cheezo, and to the garnishee Cree Board of Health and Social Services of James Bay (Dispensaire de Eastmain), in the manner provided by sections 634 and 146, alinea 2, of the Code . [ 4 ] The garnishee failed to fill a declaration of the employer and failed to deposit pursuant to

section 641 of the Code . [ 5 ] The seizing creditor is well founded to ask that the garnishee be condemned as personal debtor according to

section 634 of the Code . [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] CONDEMNS the garnishee, Cree Board of Health and Social Services of James Bay (Dispensaire de Eastmain) , as personal debtor of the amount of 14 695,61 $, with interest of 8.85 % per year and additional indemnity (1619 C.C.Q.) as of March 13, 2012, plus legal costs in the amount of 800,65 $, to be paid to the seizing creditor Caisse Desjardins de Chibougamau . [ 8 ] THE WHOLE with costs. __________________________________ CLAUDE BIGUÉ, J.C.Q. Me René Martineau Martineau, Daoust, Boulianne, Pelletier, avocats For the plaintiff

Date of hearing : April 2, 2013