2014 QCCQ 1018, 2014 QCCQ 1018
Opinion
Caisse Desjardins de Chibougamau c. Diamond 2014 QCCQ 1018 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI TOWN OF WASKAGANISH « Civil division » N° : 640-22-000204-138 DATE : February 17, 2014 ______________________________________________________________________ BY THE HONOURABLE JUGE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ CAISSE DESJARDINS DE CHIBOUGAMAU Plaintiff-seizing creditor c.
NOELLA DIAMOND Defendant-debtor and THE CREES OF WASKAGANISH FIRST NATION Garnishee ______________________________________________________________________ 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 January 16, 2014, authorizing the seizure of the defendant Noella Diamond’s salaries and wages by garnishment. [ 3 ] The aforesaid writ was served to the defendant Noella Diamond, and to the garnishee The Crees of Waskaganish First Nation, 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, The Crees of Waskaganish First Nation, as personal debtor of the amount of 18 190,11 $, with interest of 7.95 % per year and additional indemnity (1619 C.C.Q.) as of January 24, 2013 plus legal costs in the amount of 817,38 $, to be paid to the seizing creditor Caisse Desjardins de Chibougamau. [ 8 ] THE WHOLE with costs. __________________________________ CLAUDE P. BIGUÉ, J.C.Q. Me René Martineau Martineau Daoust, Boulianne, Pelletier, avocats For the plaintiff Your reference : 335-163
Date of hearing : February 17, 2014
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