2013 QCCQ 11587, 2013 QCCQ 11587

13279987 Canada inc. (Planchers Universel Floors) c. Grumet 2013 QCCQ 11587 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-126544-107 DATE: September 18, 2013 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ 13279987 CANADA INC. F.A.S.N. PLANCHERS UNIVERSEL FLOORS , 63 Guizot East, Montreal, QC H2P 1L9 Plaintiff v.

MYRON GRUMET , […], Côte-St-Luc, QC, […] and L81 CONSTRUCTION , 5505 Randall Avenue, Côte-St-Luc, QC, H4V 2V7 Defendants ______________________________________________________________________ JUDGMENT ON AN OPPOSITION TO SEIZURE IN EXECUTION (Article 597 C.C.P.) ______________________________________________________________________ [ 1 ] On May 6, 2013, Daniel Dortelus, j.c.q. condemned Myron Grumet and L81 Construction to pay the sum of $7,000 (plus interest and costs) to 13279987 Canada Inc. [ 2 ] On July 22, 2013, a seizure of moveables was executed at the head office of co-defendant L81 Construction.

This is also the home of the Grumet family. [ 3 ] The Court is seized of two (2) oppositions to this seizure; one by Mrs. Judy Edelman, the other by Mr Jesse Grumet. Both opposants alledge their right to revendicate the seized property seeing as it belongs to them. [ 4 ] The evidence shows that Myron Grumet left the family domicile in December 2012. He and Mrs. Edelman are presently involved in divorce proceedings. Mr. Grumet is in Costa Rica attempting to organize a new business. [ 5 ] The property claimed by Mrs. Edelman consists of the moveables' garnishing the family domicile.

She testifies that these moveables belong to her through inheritances, in particular from her deceased brother and purchases made by her personally over the years. Although she has no documentary evidence to corroborate this, her testimony is sufficient in the circumstances seeing that the seized property in many cases is more than ten (10) years old.

Section 2861 of the Civil Code of Quebec applies in these circumstances: 2861. Where a party has been unable, for a valid reason, to produce written proof of a juridical act, such

an act may be proved by any other means. [ 6 ] The other opposant, Jesse Grumet, is the 23-year-old son of Judy Edelman and Myron Grumet. He claims that the hockey equipment and other sporting equipment seized are his property. He received these items as gifts over the years and in other cases acquired them himself. He also concedes he has no documentary evidence. However, for the same reason as above, his testimony is sufficient. [ 7 ] 13279987 Canada Inc. has presented no evidence to contradict the testimony of the opposants.

Also, it has inscribed a legal hypothec against an immoveable property which it purports to be the undivided property of Myron Grumet and Judy Edelman. It is therefore not without recourse. FOR THESE REASONS, THE COURT: GRANTS both oppositions ; DECLARES Judy Edelman owner of the moveable property listed in Annex A, namely: ANNEX A shock vac 5.0 sur roulette couleur noir Belongs to Judy Beth Edelman Several cleaning and accessories products Belongs to Judy Beth Edelman

Black sound system brand sanyo Belongs to Judy Beth Edelman Several shoes, hill and boots Belongs to Judy Beth Edelman Beige leather armchair Belongs to Judy Beth Edelman Balck gray dell laptop Belongs to Judy Beth Edelman Sound system cd charger Panasonic Belongs to Judy Beth Edelman Room fourniture with office bed and mattress Belongs to Judy Beth Edelman Red leather loveseat 3 place Belongs to Judy Beth Edelman Brown weed circular table Belongs to Judy Beth Edelman Beige loveseat leather Belongs to Judy Beth Edelman Black bravia sony television Belongs to Judy Beth Edelman Lounge table glaze oval on foot Belongs to Judy Beth Edelman Suar 504 turning table Belongs to Judy Beth Edelman Square weed table on foot Belongs to Judy Beth Edelman Several record vinyl disks with case Belongs to Judy Beth Edelman Grey LG dvd cd player Belongs to Judy Beth Edelman Solid state stereo Belongs to Judy Beth Edelman Black women god statue Belongs to Judy Beth Edelman Several painting items Belongs to Judy Beth Edelman Woods furniture with drawer and mirror Belongs to Judy Beth Edelman Window bottle filed with silver money Belongs to Judy Beth Edelman 3 parts library with 8 tablets, 2 glass doors drawer, 7 wood doors Belongs to Judy Beth Edelman Rectangular table with 3 chairs Belongs to Judy Beth Edelman Gunsmith standing soldier Belongs to Judy Beth Edelman Boschi black dishwasher Panasonic Microwaves in stainless Belongs to Judy Beth Edelman Cuisinart toasters instainless Belongs to Judy Beth Edelman Cuisinart Coffee machine in stainless Belongs to Judy Beth Edelman Cuisinart toasters in stainless Belongs to Judy Beth Edelman Kitchen air mixer in stainless Belongs to Judy Beth Edelman Grey Toshiba television Belongs to Judy Beth Edelman Black fahreint cooler water machine Belongs to Judy Beth Edelman Kitchen table with 6 chairs Belongs to Judy Beth Edelman Grey Panasonic Stereo cd system Belongs to Judy Beth Edelman Patio with chairs Belongs to Judy Beth Edelman Caster charcoat Belongs to Judy Beth Edelman Wood Desk with 5 compartments Belongs to Judy Beth Edelman Flowery Tissue armchair Belongs to Judy Beth Edelman Lux classic Grey sweeper Belongs to Judy Beth Edelman Black Hitachi television Belongs to Judy Beth Edelman Black Panasonic video cassette Belongs to Judy Beth Edelman Grety Toshiba television Belongs to Judy Beth Edelman Black big suitcase Belongs to Judy Beth Edelman Drawing table with 2 drawers Belongs to Judy Beth Edelman Black Sony bravia television Belongs to Judy Beth Edelman Black Toshiba laptop Belongs to Judy Beth Edelman DECLARES Jesse Grumet owner of the moveable property listed in Annex B, namely: ANNEX B Several hockey stick of different brand Belongs to Jesse Grumet Several accessories and equipment of hockey Belongs to Jesse Grumet One bicycle brand Raleigh black Belongs to Jesse Grumet Flat screen television brand roxy bravin Belongs to Jesse Grumet CANCELS the seizure in execution of this moveable property carried out on July 22, 2013; GRANTS release of seizure to the opposants with regard to the moveable property mentioned in Annex A and Annex B; THE WHOLE, without costs. __________________________________ SCOTT HUGHES, J.C.Q.

Dates of hearing: August 26, 2013