2019 QCCQ 6825, 2019 QCCQ 6825

8492441 Canada inc. c. 9192-4506 Québec inc. 2019 QCCQ 6825 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-22-245392-181 DATE: November 5, 2019 ______________________________________________________________________ BEFORE THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ 8492441 Canada inc.

Plaintiff v. 9192-4506 QUÉBEC INC. -and- LUIGI ALTIERI -and- SISTINA CORTINA Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized with the Re-amended Originating Application for Payment of Unpaid Rent and for Safeguard Order of Plaintiff 8492441 Canada Inc. (the “ Landlord ”) against 9192-4506 Québec Inc. (the “ Tenant ”) based on an Agreement of Lease dated May 11, 2017 between the Landlord and the Tenant (the “ Lease ”) [1] . [ 2 ] Defendants Luigi Altieri and Sistina Cortina personally guaranteed all amounts due by the Tenant pursuant to the Lease. [2] [ 3 ] The Tenant declared bankruptcy on October 1, 2019 and a Notice of Stay of Proceedings pursuant to

Section 69.3 of the Bankruptcy and Insolvency Act [3] has been filed into the Court record. All proceedings are therefore stayed as concerns the Tenant. [ 4 ] Defendants Luigi Altieri and Sistina Cortina are absent at the hearing. Their lawyer Me Roberto T.

De Minico, advised the Court ahead of time that they intended to allow the Landlord to proceed by default. [ 5 ] Defendants’ lawyer also advised the Court that Defendants consented to the re-amendment of the originating proceedings and that they were consenting to the Landlord proceeding on its Re-amended Originating Application for Payment of Unpaid Rent and Safeguard Order dated October 22, 2019 (the “ Re-Amended Application ”). [ 6 ] CONSIDERING the Re-Amended Application and exhibits P-1 to P-15 in support thereof; [ 7 ] CONSIDERING the cheques in the amount of $3,099.50 (Exhibit D-6 in support of the sworn statement of Luigi Altieri and the Tenant dated March 9, 2018) establishing the amount of the rent for the leased premises; [ 8 ] CONSIDERING the testimony of Me Norman Goldberg; [ 9 ] CONSIDERING that the Landlord has proven the essential elements of its Re-Amended Application .

FOR THESE REASONS, THE COURT: DECLARES that all proceedings against Defendant 9192-4506 Québec Inc. are stayed pursuant to

Section 69.3 of the Bankruptcy and Insolvency Act ; GRANTS the Re-amended Originating Application for Payment of Unpaid Rent and Safeguard against Defendants Luigi Altieri and Sistina Cortina only; DECLARES that Defendants Luigi Altieri and Sistina Cortina and in default to have respected the terms of the Lease (Exhibit P-1 ); CONDEMNS Defendants Luigi Altieri and Sistina Cortina to pay to Plaintiff 8492441 Canada Inc. an amount of $35,323.24, together with interest and the additional indemnity provided by law as follows:

a) on the sum of $15,497.50 since May 1, 2018;

b) on the sum of $2,299.40 since July 1, 2019;

c) on the sum of $2,299.40 since September 1, 2019;

d) on the sum of $7,044.64 since January 1, 2019;

e) on the sum of $8,182.30 since October 1, 2019; ORDERS Defendants Luigi Altieri and Sistina Cortina to immediately cease using and occupying the following areas of the property located at 6424 Décarie Boulevard, Montréal, Québec, Province of Québec, bearing lot number 2 087 011 of the Cadastre du Québec, Land registry of Montréal, namely:

a) parking spaces located behind the building;

b) the garage attached to the building; and

c) Four Hundred Fifty square feet (450 ft²) located in the back half of the building’s basement; WITH LEGAL COSTS . __________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: October 23, 2019 Me Daniel Ovadia, Avocat - Attorneys For Plaintiff 8492441 Canada Inc. Me Roberto T. De Minico DPG Avocats For Defendants (Absent)