2018 QCCQ 3763, 2018 QCCQ 3763

9098-0137 Québec inc. c. Méchanique Fortune inc. 2018 QCCQ 3763 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL CIVIL DIVISION No: 500-22-245972-180 DATE: May 18, 2018 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ 9098-0137 QUÉBEC INC. Plaintiff v. MÉCHANIQUE FORTUNE INC.

Defendant ______________________________________________________________________ JUDGMENT ON INSCRIPTION FOR JUDGMENT BY DEFAULT ______________________________________________________________________ [ 1 ] THE COURT after having studied the proceedings, the exhibits and the evidence; [ 2 ] CONSIDERING the Affidavit of Samuel David Szlamkowicz, representative of the Plaintiff 9098-0137 Québec Inc.; [ 3 ] CONSIDERING the exhibits filed in the Court record; [ 4 ] CONSIDERING the Defendant’s default to respond to the claim and to the Inscription for Judgment by Default dated May 15, 2018; [ 5 ] CONSIDERING the Defendant’s failure to comply with the Safeguard Order rendered on April 12, 2018 by the Honourable Justice Dominique Gibbens, J.C.Q., in favor of the Plaintiff, which was duly served upon the Defendant on or about April 17, 2018, and CONSIDERING the mention contained therein to the effect that should Defendant fail to comply with the Order, it shall be foreclosed from pleading; [ 6 ] CONSIDERING that the Plaintiff has established that its Originating Application is well-founded; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the Originating Application for the issuance of a Safeguard Order and for the cancellation of a lease; [ 8 ] CONDEMNS the Defendant to pay to the Plaintiff the amount of $20,029.41, the breakdown of which is as follows: (

a) Arrears of rental for the months of December 2017 to May 2018 inclusively $14,383.38 (

b) Electricity bills as of May 2, 2018 $ 5,646.53 together with interest at the legal rate and the additional indemnity provided for by

Article 1619 of the Civil Code of Québec , as of February 19, 2018; [ 9 ] ORDERS the termination of the Lease executed by the Plaintiff and the Defendant on August 25, 2016 with respect to those premises situated at 3951A avenue de Courtrai in the City of Montreal, Province of Québec; [ 10 ] ORDERS the eviction of the Defendant, all of its employees, agents, directors, officers, representatives and all occupants from the premises located at 3951A avenue de Courtrai in the City of Montreal, Province of Québec, at the expiry of a delay of 48 hours

following the notification of the present Judgment; [ 11 ] AUTHORIZES any bailiff of the Province of Québec to evict the Defendant, all of its employees, agents, directors, officers, representatives and all occupants of the said premises located at 3951A avenue de Courtrai in the City of Montreal, Province of Québec, and to remove any goods and equipment by force, if need be, from the above-mentioned premises immediately following the expiry of 48 hours following notification of the present Judgment; [ 12 ] RESERVES Plaintiff’s rights to claim future additional damages from the Defendant; THE WHOLE with costs against the Defendant. __________________________________ MARIE MICHELLE LAVIGNE, J.C.Q.

Me Stephanie Sebag BANON, S.A. Attorneys for Plaintiff Date of hearing: May 15, 2018