2021 QCCQ 5714, 2021 QCCQ 5714

Bank of Montreal c. Webb 2021 QCCQ 5714 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-22-020360-218 DATE: June 28, 2021 ______________________________________________________________________ BY THE HONOURABLE PATSY BOUTHILLETTE, J.C.Q. ______________________________________________________________________ BANK OF MONTREAL Plaintiff v.

STEPHEN WEBB Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] THE COURT , on the Originating Application to Institute Proceedings for Sale Under Judicial Authority and Personal Condemnation; [ 2 ] HAVING examined the Application, the Exhibits and the Affidavit of Plaintiff’s representative; [ 3 ] WHEREAS proof of the allegations has been made; [ 4 ] CONSIDERING that the Application is well-founded in fact and in law; FOR THOSE REASONS : [ 5 ] GRANTS the Application; [ 6 ] RECOGNIZES the existence of Plaintiff's claim, the failure by Defendant to fulfill his obligations towards Plaintiff under the Deed of Hypothec ( P-1 ) and the Prior Notice ( P- 3 ) , the refusal of Defendant to voluntarily surrender the hypothecated property to Plaintiff and the absence of a valid cause for contestation; [ 7 ] DECLARES Defendant in default pursuant to the terms of the Deed of Hypothec ( P-1 ) and the Prior Notice ( P-3 ); [ 8 ] CONDEMNS Defendant to pay to Plaintiff the amount of $22,378.69 plus interest at the rate of 2.89% per annum as of May 3, 2021, plus the additional indemnity provided for by

Article 1619 of the Civil Code of Quebec as of February 22, 2021 and all fees; [ 9 ] ORDERS the sale by judicial authority of the following property: Lot [...] Cadastre of Québec Registration Division of Pontiac Address: [...], Shawville, QC, [...] [ 10 ] ORDERS Defendant to surrender the immovable property described above in favour of Plaintiff within ten (10) days following the service of the judgment, with full possession and control by Plaintiff for the sale by judicial authority by the officer designated below; [ 11 ] ORDERS the expulsion of Defendant if the immovable property is not surrendered within the time period set out in the judgment;

[ 12 ] APPOINTS Me Rachelle Ouellet or Me Geneviève Bonnichon or Me Jérôme Hubert or Me Maude Castagne, notary, as officer to proceed with the sale by judicial authority and to prepare the Scheme of Collocation and to distribute all sums in accordance with the Scheme of Collocation and to prepare any other document with respect to the present mandate; [ 13 ] SETS the remuneration of the officer at the hourly rate of $125.00; [ 14 ] AUTHORIZES the officer to hire an agent for the purpose of the sale at a commission not exceeding 6% of the sale price; [ 15 ] ORDERS the sale of the immovable to be made without legal warranty; [ 16 ] SETS the minimum sale price at $79,800.00 ; [ 17 ] THE WHOLE with legal costs. __________________________________ PATSY BOUTHILLETTE, J.C.Q.

Me Stacy Madar Gowling WLG (Canada) LLP Attorneys for Plaintiff Date of hearing: June 22, 2021