2019 QCCQ 981, 2019 QCCQ 981
Opinion
Motlagh c. 9373-0943 Québec inc. 2019 QCCQ 981 COURT OF QUEBEC (Practice Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-22-252028-181 DATE: February 1 st , 2019 ______________________________________________________________________ BEFORE THE HONOURABLE ÉRIC DUFOUR, J.C.Q. ______________________________________________________________________ MOHSEN S. MOTLAGH Plaintiff v. 9373-0943 QUÉBEC INC.
And PATRICIA ELOLONGUE MOUDIO And ABDOUL KARIM DIALLO Defendants ______________________________________________________________________ SAFEGUARD ORDER ______________________________________________________________________ [ 1 ] SEEING the application for a safeguard order; [ 2 ] SEEING the evidence and the documents filed in the record; [ 3 ] CONSIDERING that the Application is well founded; Wherefore, the Court: [ 4 ] GRANTS the motion for a safeguard order; [ 5 ] ORDERS defendants jointly and severally (solidarily) to pay to plaintiff within five (5) days of this judgement the sum of SIXTY-SIX THOUSAND TWO HUNDRED AND SIXTY DOLLARS ($66,260) for the past, as well as to pay an amount of ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500) plus applicable GST and QST taxes, to plaintiff, every month, on the first of each month, starting from February 1, 2019, until final judgement is rendered on the originating demand and its amendments; [ 6 ] ORDERS defendants to heat the leased premises situated at 3509 Saint-Laurent Boulevard, in the City and District of Montreal, Borough of Plateau-Mont-Royal, Province of Quebec, H2X 2T6, ground floor at a minimum of 20 ° C at all times, until final judgement is rendered on the originating demand and its amendments; [ 7 ] ORDERS defendants to notify plaintiff’s attorney, within five (5) days of each of the above-mentioned payments, and to provide him proof of the said payments; [ 8 ] ORDERS that upon default of defendants to pay or to notify its proof within said delays, defendants shall be foreclosed to contest the originating demand and its amendments in the present court record; [ 9 ] ORDERS the provisional execution of the judgement to be rendered herein notwithstanding appeal; [ 10 ] THE WHOLE WITH COSTS. __________________________________ ÉRIC DUFOUR, J.C.Q.
Mtre James Nazem James Reza Nazem, Avocat Plaintiff’s lawyer
Date of hearing: January 30, 2019
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