2018 QCCQ 560, 2018 QCCQ 560

Guo c. Investissements Dagenais 2018 QCCQ 560 COURT OF QUEBEC Administrative and Appeal Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-80-036109-172 DATE: February 6, 2018 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DAVID L. CAMERON J.C.Q. ______________________________________________________________________ XIAN XIAN GUO and HUI QUAN ZHOU Applicants v. LES INVESTISSEMENTS DAGENAIS C/O GESTION IMMOBILIÈRE PROGIM INC.

Respondent ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH HOMOLOGATING TRANSACTION AGREEMENT [ 1 ] The Court is seized with a Motion for leave to appeal from the decision of the Régie du logement rendered October 2, 2017 in case number 350124 31 20170808 G (demand #2305932) resiliating the lease and condemning Xian Xian Guo and Hui Quan Zhou, the “Lessees” to arrears of rent. [ 2 ] In the course of the argument concerning leave to appeal, the Court established with the parties that there was a possibility to resolve all matters of conflict between them through a settlement.

The settlement was reached during the hearing of February 6, 2018 in the presence of the undersigned, and the parties requested that the Court document the modalities of the transaction agreement and homologate it to have the effect of a judgment between them. [ 3 ] The parties have agreed as follows: 1. By consent, the lease for the dwelling at […] , Montreal, is resiliated with effect on February 10, 2018 as the last day of the lease. The premises will be vacated on that day. 2.

Les Investissements Dagenais C/O Gestion Immobilière Progim inc. (the “Lessor”), acknowledges that the Lessees always paid their rent on time and that the proceedings leading to the decision of the Régie of October 2, 2017, resulted from a disagreement between the parties as to the amount of rent owing at different periods, which disagreement has now been resolved to the parties’ mutual satisfaction. 3. In consideration of this agreement, the Lessees make a final payment of $ 476.40, a cheque for which amount was remitted, in the presence of the Court, to the representative of the Lessor. 4.

The Lessor will, forthwith, discontinue the pending case in the Régie du logement number 335036 31 20170503 G (demand #2236738) on a without-costs basis. 5. In consideration of these agreements and undertakings, the parties grant to each other mutual, full and final releases of any claim or matter whatsoever relating to the lease of the premises, their occupation and the vacation thereof pursuant to the resiliation agreed to, it being their intention to resolve all matters amicably and in good faith. FOR THESE REASONS, THE COURT:

HOMOLOGATES and gives effect to the transaction agreement detailed above reached between the parties with the same effect as a judgment between them and orders them to abide by it. _________________________________ DAVID L. CAMERON, J.C.Q. XIAN XIAN GUO and HUI QUAN ZHOU Applicants Not represented Me Sarah Bissonnette GUY AUDET AVOCATS Attorneys for the Respondent Dates of hearing: January 31, 2018 and February 6, 2018