2013 QCCQ 169, 2013 QCCQ 169

Salice c. LMNOP Children's Boutique Inc. 2013 QCCQ 169 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-22-196203-122 DATE: January 17, 2013 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ PIERA MEDRI SALICE Plaintiff v. LMNOP CHILDREN'S BOUTIQUE INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court, after careful review of the proof and proceedings, renders the present Judgment. [ 2 ] On September 28, 2012, a Safeguard Order was issued, ordering the Defendant to pay to Plaintiff's attorney in trust, a monthly rent of $3,252.15. [ 3 ] The Defendant paid the rents of October, November and December 2012, totalling $9,756.45, but failed to pay the rent of January 2013. [ 4 ] In January 2013, the Defendant vacated the premises. [ 5 ] As appears from the statement of account, exhibit P-6, the unpaid rent plus Defendant's share of taxes and expenses, as of July 2012, total $8,224.63. [ 6 ] The rents of August to December 2012, plus 8,224.63, as detailed above, with the interest at the rate of 8%, plus the additional indemnity provided at

Article 1619 of the Civil code of Québec , represents an amount of $24,879,06. [ 7 ] Deducting the amount of $9,756.45, representing the rent paid subsequent to the Safeguard Order, the outstanding balance owed by the Defendant to Plaintiff is $15,122.61. [ 8 ] In addition, the Defendant claims the reimbursement of the extra-judicial fees and disbursements incurred, as provided at paragraph 13.4 of the lease, which total $6,815.25, exhibit R-4. [ 9 ] In addition, the Plaintiff is entitled to recover future rent, for the period of January to June 2013, representing an amount of $19,512.90, as provided at paragraph 13.2

d) of the lease. FOR THESE REASONS, THE COURT: GRANTS in part Plaintiff's action; CONDEMNS the Defendant to pay to Plaintiff the sum of $41,450.76, with interest at the rate of 8% plus the additional indemnity provided at

Article 1619 of the Civil code of Québec on the amount of $19,512.90 as of January 1 st , 2013 to the date of the present judgment and on the amount of $41,450.76, as of the date of the present judgment; THE WHOLE with costs.

__________________________________ DIANE QUENNEVILLE, J.C.Q. Me Nadine Afif (Tutino Edwards Joseph) Date of hearing: January 17, 2013