2023 QCCQ 2662, 2023 QCCQ 2662
Opinion
FCHT Holdings (Québec) Corporation Inc. c. 9406-4318 Québec inc. 2023 QCCQ 2662 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-22-263817-200 DATE: May 5, 2023 ______________________________________________________________________ BY THE HONOURABLE MAGALI LEWIS, J.C.Q. ______________________________________________________________________ FCHT HOLDINGS (QUÉBEC) CORPORATION INC.
Plaintiff vs. 9406-4318 QUÉBEC INC. and DIMITRIOS BOUSSIAS Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS Plaintiff FCHT Holdings (Québec) Corporation inc. filed an Originating application in payment of rent owing and in damages (the “ Application ”). [ 2 ] HAVING examined the Application, the Solemn Declaration of Plaintiff’s representative, Charles Perreault, signed April 5, 2023. [ 3 ] CONSIDERING the representations made by Plaintiff’s and Defendants’ lawyers and the Exhibits filed in support of the Application. [ 4 ] CONSIDERING that the Application is currently stayed against Defendant Dimitrios Boussias further to his filing of a Notice of Intention to File a Proposal under the Bankruptcy and Insolvency Act dated January 5, 2023, as appears from a Notice of Stay of Proceedings filed by Boily Haddad inc., licensed insolvency trustee. [ 5 ] WHEREAS Defendant 9406-4318 Québec Inc. withdraws its defence to the Application. [ 6 ] WHEREAS the Lease was terminated by Notice of Termination as of September 17, 2020. [ 7 ] SEEING that Plaintiff has proven the merits of its Application up to the sum of $43,440.94 detailed as follows: Unpaid rent March 2, 2020: $2,816.29 April 1, 2020: $1,408.14 May 1, 2020: $5,059.75 June 1, 2020: $5,059.75 July 1, 2020: $5,059.75 August 1, 2020: $5,059.75 September 1, 2020 $3,815.56 Damages as per clause 16 of the Lease $15,161.94 TOTAL: $43,440.94 [ 8 ] WHEREFORE
Section 6 of the Lease established that interest to be paid on unpaid obligations as per the lease to prime rate of the Bank of Canada plus 5% percentage points, that is 11.7 %. FOR THOSE REASONS, THE COURT: [ 9 ] GRANTS the Originating Application in payment of rent owing and in damages. [ 10 ] CONDEMNS 9406-4318 Quebec Inc. to pay $43,440.94 to FCHT Holdings (Quebec) Corporation Inc. with interest at 11.7% and the additional indemnity provided for by
Article 1619 of the Civil Code of Québec , as of the following dates: March 2, 2020: $2,816.29 April 1, 2020: $1,408.14 May 1, 2020: $5,059.75
June 1, 2020: $5,059.75 July 1, 2020: $5,059.75 August 1, 2020: $5,059.75 September 1, 2020 $3,815.56 Dates of service $15,161.94 [ 11 ] TAKE ACT that the Lease was terminated by the Notice of Termination of September 17, 2020. [ 12 ] THE WHOLE with costs. __________________________________ MAGALI LEWIS, J.C.Q. Me Alexandre Forest GOWLING WLG (CANADA) S.E.N.C.R.L., s.r.l. Plaintiff’s attorneys Me Isabelle Fallaha ID DROIT INC. Defendant’s attorneys Date of hearing: April 5, 2023
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