2018 QCCQ 7485, 2018 QCCQ 7485

Arrival Customs Brokers Ltd. c. 9282-8516 Quebec Inc. 2018 QCCQ 7485 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL “Civil Division” No: 500-22-240838-170 DATE: October 19, 2018 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ ARRIVAL CUSTOMS BROKERS LTD.

Plaintiff v. 9282-8516 QUEBEC INC. -and- MITCHELL LEVINE -and- SHELLEY SMARGAREN Defendants Solidarily ______________________________________________________________________ JUDGMENT ON CONFESSION TO JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the allegations contained in Plaintiff’s Originating Demand to Institute Proceedings in Damages and the Exhibits in support thereof; [ 2 ] CONSIDERING the Confession to Judgment signed by Defendants 9282-8516 Quebec Inc. and Shelley Smargaren on October 18 th , 2018 and filed into the Court Record; [ 3 ] CONSIDERING the acquiescence of Defendants to this judgment, the text of which has been negotiated and agreed to between the parties, including Defendants 9282-8516 Quebec Inc., Shelley Smargaren and Plaintiff, and submitted jointly by all parties to the Court; [ 4 ] CONSIDERING

Article 661 of the Code of Civil of Procedure and the consent of the parties to the conclusions authorizing provisional execution notwithstanding appeal; FOR THESE REASONS, THE COURT: GRANTS the Originating Demand to Institute Proceedings in Damages in part; CONDEMNS Defendants 9282-8516 Quebec Inc. and Shelley Smargaren , solidarily, to pay to Plaintiff the sum of SIXTEEN THOUSAND FIVE HUNDRED AND SEVEN DOLLARS AND THIRTY-EIGHT CENTS ($16,507.38), in capital, interest and costs, with interest at the annual rate of ten percent (10%) to be charged starting as of July 19, 2019, in the event that the aforesaid amount of $16,507.38 is not paid by July 19, 2019 ; ORDERS provisional execution of this Judgment notwithstanding appeal;

GIVEN the provisional execution of this Judgment, AUTHORIZES the immediate publication at the Land Register of Quebec (Registre foncier du Québec) of the present judgment on the Immovable more fully described herein below: DESCRIPTION An immovable property fronting on Tobago Street, in the City of Dollard-des-Ormeaux, Province of Quebec, known and described as being lot number ONE MILLION THREE HUNDRED TWENTY SIX THOUSAND NINE HUNDRED AND FORTY-THREE (1 326 943) upon the "CADASTRE DU QUÉBEC", in the registration division of Montréal.

With a building thereon erected bearing civic number 150 Tobago Street, in the City of Dollard-des-Ormeaux, Province of Quebec, H9G 2X5. With all that is or will be incorporated into, united with, or attached or joined to this immovable, by accession or otherwise, and is or will be considered immovable by law.

As the said property now subsists, with all its rights, members and appurtenances without exception or reserve of any kind on the part of the borrower and subject to all servitudes, active and passive, apparent or occult, attached thereto THE WHOLE without legal costs. __________________________________ Jeffrey Edwards, J.C.Q. Me Eric Choueke Choueke Legal Inc. Attorneys for Plaintiff Me Alexander Lavoie Attorney for Defendant Date of hearing: October 19, 2018