2022 QCCQ 7181, 2022 QCCQ 7181

Business Development Bank of Canada c. 9217-5835 Québec inc. 2022 QCCQ 7181 COURT OF QUEBEC (Civil Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-22-262191-201 DATE: October 13, 2022 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI, J.C.Q. ______________________________________________________________________ BUSINESS DEVELOPMENT BANK OF CANADA Plaintiff v. 9217-5835 QUÉBEC INC. And 9150-0207 QUÉBEC INC.

And PANAGIOTA TAMBAKOLOGOS Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Business Development Bank of Canada (“ BDC ”) claims $68,258.79 plus interest from the defendants 9217-5835 Québec Inc. (“ 9217 ”) and 9150-0207 Québec Inc. (“ 9150 ”). The claim is not being pursued against the defendant Panagiota Tambakologos since she filed for bankruptcy on June 2, 2021. [1] [ 2 ] Defendants 9217 and 9150 failed to attend the trial and offered no evidence in contestation of the BDC’s claim.

Judgement is rendered by default on the face of the application, the exhibits supporting the BDC’s claim and the affidavit of its representative attesting that the amount claimed is owed to it. [ 3 ] Pursuant to a loan agreement dated September 8, 2017, the BDC lent $100,000 to Les Uniformes Lofts Inc. (“ Uniformes Lofts ”), the loan bearing interest at a rate of 8.05% as of January 30, 2020 (“ Loan Agreement ”). [2] [ 4 ] Under the terms of the Loan Agreement, defendants 9217, 9150, and Panagiota Tambakologos solidarily guaranteed the obligations of Uniformes Lofts. [3] [ 5 ] On or around November 21, 2019, Uniformes Lofts filed for bankruptcy, which event constitutes a grounds for default under the terms of the Loan Agreement. [4] [ 6 ] As of January 30, 2020, Uniformes Lofts owed BDC $68,258.79. [5] [ 7 ] As guarantors of Uniformes Lofts’ obligations under the Loan Agreement, the defendants also owed BDC $68,258.79 as of January 30, 2020 plus interest at the rate of 8.05% as of January 31, 2020. [ 8 ] By demand letter dated June 16, 2020, the defendants were enjoined to pay to BDC $68,293.79. [6] [ 9 ] Defendants 9217 and 9150 have failed to honor their contractual undertakings towards the BDC and are liable for the material injury they have caused to it and are bound to make reparation for the injury.

FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the Business Development Bank of Canada’s originating application; [ 11 ] CONDEMNS 9217-5835 Québec Inc. and 9150-0207 Québec Inc. solidarily to pay to the Business Development Bank of Canada $68,258.79 plus interest at the rate of 8.05% per year since January 31, 2020;

[ 12 ] WITH LEGAL COSTS. __________________________________ ENRICO FORLINI, J.C.Q. Me Francis Arnaud Marcotte Therrien Couture Joli-Coeur s.e.n.c.r.l. Plaintiff’s lawyer Me Colombe Perreault Spiegel Sohmer Defendants’ lawyer