2021 QCCQ 4417, 2021 QCCQ 4417

First National Financial GP Corporation c. Dubois 2021 QCCQ 4417 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF PONTIAC TOWN OF CAMPBELL’S BAY Civil Division No: 555-22-000163-219 DATE: May 25, 2021 ______________________________________________________________________ BY THE HONOURABLE PATSY BOUTHILLETTE, J.C.Q. ______________________________________________________________________ FIRST NATIONAL FINANCIAL GP CORPORATION Plaintiff v.

MARCEL DUBOIS and SYLVIE LACROIX Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] THE COURT , on the Originating Application to Institute Proceedings for forced surrender and sale under judicial control 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 Deed of Loan and Hypothec (P- 1 ) and the Prior Notice (P- 3 ) , the refusal of Defendants to voluntarily surrender the hypothecated property to Plaintiff and the absence of a valid cause for contestation; [ 7 ] DECLARES Defendants in default pursuant to the terms of the Deed of Loan and Hypothec (P-1) and the Prior Notice (P-3); [ 8 ] CONDEMNS Defendants solidarily to pay to Plaintiff the amount of $74,318.78 plus interest at the rate of 3.04% per annum as of November 17, 2020, plus the additional indemnity provided for by

Article 1619 of the Quebec Civil Code as of March 24, 2020 and the fees; [ 9 ] ORDERS the sale by judicial authority of the following property : Lot: [...] Cadastre of Quebec Registration division of Pontiac Address: [...], Pontiac, QC [...] [ 10 ] ORDERS Defendants 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; [ 11 ] ORDERS the expulsion of Defendants if the immovable property is not surrendered within the time period set out in the Judgement;

[ 12 ] APPOINTS Me Rachelle Ouellet or Me Geneviève Bonnichon or Me Jérôme Hubert or Me 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; [ 13 ] SETS the remuneration of the officer at the hourly rate of $125.00 plus disbursements; [ 14 ] AUTHORIZES the officer to hire an agent for the purpose of the sale at a commission not exceeding 6% of the sale price; [ 15 ] ORDERS the sale of the immovable to be made without legal warranty; [ 16 ] SETS the minimum sale price at $54,825.00 ; [ 17 ] THE WHOLE with legal costs. __________________________________ PATSY BOUTHILLETTE, J.C.Q.

Mtre. Lisa Peeling Gowling WLG Canada Counsel for the Plaintiff Marcel Dubois Sylvie Lacroix Defendants Date of hearing: May 11, 2021