2011 QCCQ 1587, 2011 QCCQ 1587

National Bank of Canada c. Weir 2011 QCCQ 1587 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-22-168168-105 DATE: This February 24, 2011 ______________________________________________________________________ BY THE HONOURABLE YVES HAMEL, J.C.Q. ______________________________________________________________________ NATIONAL BANK OF CANADA, Plaintiff v.

LOWELL WEIR, Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ For all the motifs expressed verbally and recorded numerically, the Court : [ 1 ] CONSIDERING the absence of Defendant Lowell Weir before this Court at the scheduled hearing date; [ 2 ] CONSIDERING Plaintiff National Bank of Canada has established its right to proceed by default on the merits of this matter; [ 3 ] CONSIDERING Plaintiff’s Amended Motion for Compensatory and Punitive Damages; [ 4 ] CONSIDERING the detailed affidavit of Martin-Pierre Boulianne, Senior Manager and Assistant Secretary of National Bank of Canada, dated December 3, 2010, the exhibits in support thereof and the proof; [ 5 ] CONSIDERING the detailed affidavit of Gérard Coulombe, lawyer and director of National Bank of Canada, dated February 24, 2011; [ 6 ] CONSIDERING the evidence adduced at trial and the uncontested testimony of Martin-Pierre Boulianne, Senior Manager and Assistant Secretary of National Bank of Canada; [ 7 ] CONSIDERING the defamatory nature of the January 4, 2010 letter (Exhibit P-19) signed by Defendant and communicated to National Bank of Canada’s business partners; [ 8 ] CONSIDERING that the uncontested evidence adduced at trial shows unlawful and intentional interference, on the part of Defendant, Lowell Weir, to tarnish National Bank of Canada’s reputation; [ 9 ] CONSIDERING the representations made before this Court; [ 10 ] AND FURTHER CONSIDERING articles 1457 and 1621 of the Civil Code of Quebec and sections 4 and 49 of the Quebec Charter of Human Rights and Freedoms ; BY THESE MOTIFS, THE COURT : GRANTS in part the Motion for Compensatory and Punitive Damages; ORDERS that Exhibits P-19, P-20, P-21, P-22, and P-23 invoked in support of this Motion for Compensatory and Punitive Damages be filed under seal; CONDEMNS Defendant, Lowell Weir, to pay the amount of $1,750.00 in punitive damages to Plaintiff, National Bank of Canada, with interest and the additional indemnity provided for by

article 1619 of the Civil Code of Quebec as of the date of service of the Motion for Compensatory and Punitive Damages; THE WHOLE with costs. __________________________________ YVES HAMEL, J.C.Q.

Me François Giroux Me Marianna Ferraro McCarthy Thétrault LLP Attorneys for Plaintiff Mr. Lowell Weir (absent) Defendant representing himself Date of hearing: February 24 th , 2011