2011 QCCQ 15588, 2011 QCCQ 15588

4196236 Canada Inc. c. Sacha Canada Inc. 2011 QCCQ 15588 QUEBEC COURT C A N A D A PROVINCE OF QUEBEC DISTRICT OF MONTREAL NO: 500-22-187909-117 Montreal, December 29, 2011 IN THE PRESENCE OF : THE HONOURABLE ALAIN BREAULT, J.Q.C. _____________________________________________________________________ 4196236 CANADA INC. PLAINTIFF - vs.- SACHA CANADA INC.

DEFENDANT SAFEGUARD ORDER [ 1 ] Considering the Lease Agreement, Lease Amending Agreement and Head Lease dated December 23, 2002, March 13, 2008 and September 21, 2004 respectively (the leasing agreement and lease amending agreement and head lease hereinafter collectively designated as « the Lease ») between the Plaintiff and the Defendant; [ 2 ] CONSIDERING that, as of December 1 st , 2011, the Defendant, Sacha Canada Inc., is in default of an amount of $15,424.66 representing arrears of rentals for September, October, November and December 2011 together with interest on delinquent installments of rents, as per

section 16 of the Lease and Landlord's legal costs and disbursements, as per

section 21 of the Lease; [ 3 ] CONSIDERING the originating motion to institute proceedings claiming arrears of rent , cancellation of lease and indemnity as produced in the court file ;

[ 4 ] CONSIDERING that the Defendant continues occupation of the commercial premises, subject to the lease agreement; [ 5 ] CONSIDERING the allegations contained in the motion for safeguard order and in the affidavit of Mr. DOMENICO REONEGRO, representative of the Plaintiff; [ 6 ] CONSIDERING the exhibits produced in support of the originating motion to institute proceedings and the present motion for safeguard order; [ 7 ] CONSIDERING the urgency , the clear appearance of right and assessment of the weight of the disadvantages that the Plaintiff suffers; [ 8 ] CONSIDERING the foregoing and

Article 46 of the Civil Code of Procedure ; FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the motions; [ 10 ] ORDERS the Defendant, Sacha Canada Inc., to pay to Plaintiff within ten (10) business days of the date of this present judgment, a sum of $15,424.66 equal to all unpaid rent as set forth in paragraph 7a) above and to provide proof of such deposit to Plaintiff within two (2) business day thereafter; [ 11 ] ORDERS Defendant to pay to Plaintiff on a monthly basis during the course of any contestation which Defendant would submit, on the first business day of each month, the monthly rent due under the Lease of $2,888.87 commencing for the rental period December 1, 2011 and monthly thereafter; [ 12 ] ORDERS Defendant to send to plaintiff's attorneys a written notice that the above-mentioned amounts have been paid to Plaintiff within twenty-four (24) hours to such deposit; [ 13 ] ORDERS Defendant's failure to comply with the safeguard orders shall entail the Defendant foreclosed from filing any contestation to the present proceedings instituted by way of the originating motion in the present matter; [ 14 ] ORDERS provisional execution of the judgment to intervene hereon; [ 15 ] THE WHOLE WITH COSTS. __________________________________ ALAIN BREAULT, J.C.Q.