2013 QCCQ 6638, 2013 QCCQ 6638

Sumbulian c. Jakji 2013 QCCQ 6638 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-22-203078-137 DATE: July 11, 2013 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ SOSSI SUMBULIAN and AGOP TEBREJIAN and ANAHID TEBREJIAN Plaintiffs v.

JOSEPH ANTOINE JAKJI Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ We, the undersigned, justice of the Court of Quebec sitting in the District of Montreal, having heard the Plaintiff through its attorney for the resiliation of commercial lease and payment of arrears in rent, having taken cognisance of the allegations in its Motion, as well as the affidavit and exhibits in support thereof, and having deliberated: [ 1 ] CONSIDERING the request for the immediate resiliation of a commercial lease and payment of arrears in rent in accordance with the conclusions set forth in the motion, and the Exhibits P-1 to P-3 in support thereof.

FOR THESE REASONS, THE COURT : GRANTS the present motion for resiliation of commercial lease and payment of arrears in rent; CONDEMNS Defendant to pay Plaintiffs the sum of Fifty Four Thousand Twenty Seven Dollars and Fifteen Cents ($54,027.15) with applicable legal interest and additional indemnity accorded under

Article 1619 of the Civil Code of Quebec ; ORDERS the immediate resiliation of the Commercial Lease granted to the Defendant by the Assignment of Lease dated July 11 th , 2009, (P-1) signed between the parties for the premises situated at 7200 St-Laurent Blvd., Montreal, Quebec, H2R 2X9; ORDERS Defendant, its agents and employees to vacate the Premises located at 7200 St-Laurent Blvd., Montreal, Quebec, H2R 2X9, (“the Premises”) within forty-eight (48) hours of the service of the judgment and required notice to vacate, failing which, Plaintiffs be authorized to obtain the issuance of a writ of possession to be issued by this Honourable Court; ORDER Defendant, its agents and employees to be expelled from the Premises and all of the movables and movable effects garnishing the Premises be removed from the Premises so that they may be seized and sold by process of law in satisfaction of Plaintiffs’ claim herein; ORDER provisional execution of the judgment to be rendered herein notwithstanding any appeal;

THE WHOLE with costs. __________________________________ DIANE QUENNEVILLE, J.C.Q. Me Mark Sumbulian Lawyer for Plaintiffs Date of hearing: July 11, 2013