2019 QCCQ 8215, 2019 QCCQ 8215

Singh c. Chong 2019 QCCQ 8215 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-22-255575-196 DATE: July 30, 2019 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DAVID L. CAMERON, J.C.Q. ______________________________________________________________________ ANUJA SINGH -and- PAUL KELENY Applicants v. SOH KHIM CHONG, in her quality as sole shareholder and administrator and sole successor of all rights and obligations of 9053-4207 Québec inc. , a company that was once lawfully incorporated under the provision of

Part 1A of the companies Actt (Quebec), under number 1147030184; Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Applicant, having proved the payment in full of a debt of 36,000$ and interest, secured by immovable hypothec, over the property described in the conclusions hereof, is entitled to the cancellation of the entry in the land registry of the hypothec created in the deed of sale published on January 30 th 2004, in the Registration Division of Montreal under number 11 051 086. [ 2 ] The creditor, having been paid in full, has failed to sign an acquittance required to permit cancellation of the hypothecary inscription.

FOR THESE REASONS, THE COURT: GRANTS this application; RECORDS that the Applicant has repaid in full, in capital and interest, all sums due under the terms of the deed of sale executed before Mtre Robin Lefebvre, Notary, on January 29, 2004, and published at the Registry Office for the Registration Division of Montreal, under number 11 051 086.

ORDERS the cancellation of the hypothecary inscription in favour of the Defendant, published on January 30, 2004, in the Registry Office for the Registration Division of Montreal, under number 11 051 086, against the following immovable: A fraction of an immovable property subject to the regime of divided co-ownership of immovable according to the declaration of co- ownership passed before Mtre. Paul R.

MACKAY notary on the 3 rd day of September 198 and of which copies were published at the office of the publicity of the rights for the registration division of Montreal, under number 3 926 556, which fraction is described in the following way: IMMOVABLE A

a) AN EXCLUSIVE PORTION known and designated as being lot number ONE MILLION ONE HUNDRED EIGHTY-TWO THOUSAND NINETY (1 182 090) upon the “CADASTRE DU QUÉBEC”, in the registration division of Montreal . This private portion whose address is as follows: 438, Saint-Antoine Street East, city of Montreal, province of Quebec, H2Y 1A5, Canada. IMMOVABLE B

b) AN EXCLUSIVE PORTION known and designated as being lot number ONE MILLION ONE HUNDRED EIGHTY-TWO THOUSAND NINETY-ONE (1 182 091) upon the “CADASTRE DU QUÉBEC”, in the registration division of Montreal . This private portion whose address is as follows: 440, Sainte-Antoine Street East, city of Montreal, province of Quebec, H2Y 1A5, Canada.

c) The QUOTA OF the UNDIVIDED RIGHTS in the common portions related with the private portion above indicated, as established, as established in the above-mentioned declaration of co-ownership. EXEMPTS the Applicant from service of the judgment to be rendered; THE WHOLE WITHOUT COSTS, UNLESS THE APPLICATION IS CONTESTED. ______________________ David L. Cameron, J.C.Q. Me Jessica Cadot, notaire Attorney for the Applicant Ms. Soh Khim Chong Representing herself Date of hearing: July 15, 2019