2016 QCCS 2999, 2016 QCCS 2999

Rochon (Estate of) 2016 QCCS 2999 JJ0379 SUPERIOR COURT CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-14-048549-158 DATE: June 21 th , 2016 ______________________________________________________________________ IN THE PRESENCE OF: THE HONORABLE DENIS JACQUES, SCJ ______________________________________________________________________ IN THE ESTATE OF THE LATE : CHARLES-ANDRÉ ROCHON DANIELLE CAMPBELL-STICE and NATIONAL BANK TRUST INC.

Petitioners and DANIELLE CAMPBELL-STICE and LOUIS ROCHON and CHARLES ROCHON and CARA COLEEN MERCIL and SABRINA CATHLEEN REARDON and STÉPHANIE MARIE ROCHON and CHRISTOPHER CHARLES ROCHON and ALEXANDER ROCHON Impleaded Parties ______________________________________________________________________ DECLARATORY JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS THE COURT , seized of the Petitioner’s Demand Originating a Proceeding in Declaratory Judgment; [ 2 ] WHEREAS the Petitioners seek to resolve a genuine administration problem with this Court’s declaration and confirmation that the Petitioners’

interpretation and proposed settlement arrangement of the Estate of the late Charles-André Rochon is in accordance with the deceased’s testamentary intent, expressed in his will dated March 16, 2005; [ 3 ] SEEING the Sworn Declaration of Danielle Campbell-Stice in support of the Demand Origination a Proceeding in Declaratory Judgment; [ 4 ] SEEING the exhibits filed by the Petitioners; [ 5 ] SEEING that the Impleaded Parties do not contest any of the conclusions in the Demand Originating a Proceeding in Declaratory Judgement; [ 6 ] CONSIDERING that the Demand Originating a Proceeding in Declaratory Judgement of the Petitioners is well-founded; [ 7 ] WHEREFORE THE COURT : [ 8 ] GRANTS the present Demand Originating a Proceeding in Declaratory Judgement; [ 9 ] DECLARES that under the will (P-2), the liquidators of the Estate of the late Charles-André Rochon, Mrs.

Danielle Campbell- Stice and National Bank Trust Inc. are authorised to create or settle the Charles-André Rochon Irrevocable Trust in accordance with the

Final Draft of the Trust Agreement produced in support hereto as Exhibit P-13; [ 10 ] DECLARES that the liquidator of the Estate of the late Charles-André Rochon, Mrs. Danielle Campbell-Stice, is authorised to act as sole trustee of the Charles-André Rochon Irrevocable Trust and that should she be unable or unwilling to act, the replacement mechanisms provided for in the Charles-André Rochon Irrevocable Trust shall apply; [ 11 ] DECLARES that under the Will (P-2), the liquidators of the Estate of late Charles-André Rochon, Mrs.

Danielle Campbell- Stice and National Bank Trust Inc. are authorised to transfer the net proceeds of the Estate of the late Charles-André Rochon to the Charles-André Rochon Irrevocable Trust whose trustee will in turn purchase the irrevocable lifetime annuities on behalf of Mrs. Danielle Campbell-Stice, Mr. Louis Rochon and Mr. Charles Rochon with United States’ insurance companies; [ 12 ] DECLARES that the foregoing is in accordance with

section 5 of the will (P-2) signed by the late Charles André Rochon on March 16, 2005 before Notary Nathalie Pedneault in Montreal, Quebec, under her minute number 2,497; [ 13 ] AUTHORISES National Bank Trust Inc. to explicitly renounce to act as trustee of the trusts created for the benefit of the grand-children under

Section 6 of the Will signed by the late Charles André Rochon on March 16, 2005 before Notary Nathalie Pedneault in Montreal, Quebec, under her minute number 2,497 and to remove itself from the office of liquidator of the Estate of the late Charles André Rochon upon transfer of the remainder of the Estate into the Charles-André Rochon Irrevocable Trust; [ 14 ] GRANTS National Bank Trust with a full release and discharge from the moment that the amounts will be settled in the Charles-André Rochon Irrevocable Trust; [ 15 ] THE WHOLE without costs. __________________________________ DENIS JACQUES, SCJ M e Marc-Antoine Deschamps Morency Société d'Avocats, sencrl 500 place D'Armes 25 e étage Montréal QC H2Y 2W2 Attorneys for the petitioners Date of hearing: 17 th june 2016