2021 QCCQ 4277, 2021 QCCQ 4277
Opinion
Cavendish Shopping Centre Co. Ltd. c. 9202-4249 Québec inc. 2021 QCCQ 4277 COURT OF QUEBEC (Practice Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-22-266703-217 DATE: April 30, 2021 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI, J.C.Q. ______________________________________________________________________ CAVENDISH SHOPPING CENTRE CO. LTD. Plaintiff v. 9202-4249 QUÉBEC INC.
Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] WHEREAS in virtue of a Memorandum of Agreement of Lease dated March 23, 2010, a Transfer of Lease Agreement dated April 27, 2010, a Renewal Agreement dated September 10, 2012 and a Lease Extension Agreement dated May 15, 2017 (collectively the “ Lease ”, filed as exhibit P-1 in bulk), the Plaintiff leased to the Defendant commercial premises located in its shopping center and the Defendant agreed to pay a monthly rent; [ 2 ] WHEREAS the Defendant has not respected its obligations under the Lease in that it has failed to pay the rent due; [ 3 ] WHEREAS as of April 12, 2021, it has cumulated arrears of rent totaling $5,518.15 as it appears from a statement of account dated April 21 and 22, 2021 (P-2); [ 4 ] CONSIDERING the affidavit dated April 26, 2021 of the Plaintiff’s representative Jeff Goodman; [ 5 ] CONSIDERING that the Defendant has failed to answer the summons; [ 6 ] CONSIDERING the inscription setting the case down for judgment by default filed by Plaintiff; [ 7 ] CONSIDERING the Ministerial Decree No. 2020-4380 dated December 9, 2020; [ 8 ] CONSIDERING that the Plaintiff has proven the essential allegations of its claim; FOR THESE REASONS, THE COURT: [ 9 ] GRANTS Plaintiff’s Originating Application; [ 10 ] CONDEMNS the Defendant to pay to the Plaintiff $5,518.15 with interest at the legal rate and the additional indemnity provided for in
article 1619 of the Civil Code of Québec , calculated from April 12, 2021; [ 11 ] WITH LEGAL COSTS against the Defendant. __________________________________ ENRICO FORLINI, J.C.Q. Mtre Louis Georges Brunet Gagnon, Brunet & Kilani s.e.n.c. Plaintiff’s lawyer Defendant: absent and not represented Date of hearing: April 28, 2021
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