2016 QCCQ 6856, 2016 QCCQ 6856

Trivisonno c. Garage Oto inc. 2016 QCCQ 6856 COUR DU QUÉBEC (Division pratique) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL « Civil Division » N° : 500-22-231492-169 DATE : July 8, 2016 ______________________________________________________________________ In the presence of the HONOURABLE judge SYLVAIN COUTLÉE, J.C.Q. ______________________________________________________________________ domenico trivisonno -and- giuseppina de cesaris Plaintiffs c. garage oto inc.

Defendant ______________________________________________________________________ Judgment on Application to institute proceedings relating to arrears of rental, additional rental, cancellation of lease and an order to safeguard the rights of the parties ______________________________________________________________________ [ 1 ] SEEING the Introductory Application; [ 2 ] SEEING the request for Safeguard Measures contained within the Introductory Application; [ 3 ] SEEING the Detailed affidavit of Plaintiff Giuseppina De Cesaris; [ 4 ] CONSIDERING the exhibits filed in support of Plaintiff's request for Safeguard Measures; [ 5 ] SEEING the absence of Defendant; [ 6 ] CONSIDERING that Defendant has not paid rent to Plaintiff in approximately four (4) months; [ 7 ] CONSIDERING that Defendant continues to occupy the premises owned by Plaintiff despite not having paid said rent; [ 8 ] CONSIDERING that the monthly rent that Defendant must pay to Plaintiff in Virtue of the Lease (Exhibit P-1), and Addendum to lease (P-2) is $2,862.19 inclusive of taxes; [ 9 ] For these reasons, may it please the court to : [ 10 ] MAINTAINS the Application for an Order to Safeguard the Rights of the Parties; [ 11 ] ORDERS Defendant to: i.

Pay directly to Plaintiff, all of the rental payable on the first day of each month, namely the amount of $2,862.19 effective July 1 2016 and for each month thereafter until final judgment is rendered by this Honourable Court on the merits of the present proceedings; [ 12 ] ORDERS Defendant to not displace or in any way alienate all equipment on the Premises belonging to Plaintiffs including but not in any way limited to the following:

a) An auto lifter 9000lbs

b) An auto lifter 7000lbs

c) a Tire Machine (FMC 9600)

d) a Compressor

e) a Dozer for frame

f) Two oil reserves

g) three extinguishers

h) Three office desks and three office chairs

i) Four working stands [ 13 ] ORDERS that in the event that Defendant fails and/or neglects to honour the Order to Safeguard the Rights of the Parties to be rendered by this Honourable Court, at any time whatsoever, CONFIRMS , AUTHORIZES and ORDERS that Plaintiff be entitled to immediately proceed with the presentation of the principal Application on the merits. [ 14 ] ORDERS provisional execution of the Order to Safeguard the Rights of the Parties to be rendered herein notwithstanding appeal therefrom; [ 15 ] ORDERS and AUTHORIZES the reduction of delays for the service and the presentation of the Application for an Order to Safeguard the Rights of the Parties of Plaintiff; [ 16 ] THE WHOLE, with costs. __________________________________ SYLVAIN COUTLÉE, J.C.Q.

Me Francis Santoianni zambito santoianni avocats Attorney for the Plaintiffs 5095, Jean-Talon est, bureau 3003 Montréal (Québec) H1S 3G4 Date d’audience : July 7, 2016