2013 QCCQ 9432, 2013 QCCQ 9432

Manioli Investments Inc. c. 9226-9133 Quebec Inc. 2013 QCCQ 9432 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL “Civil Division“ No: 500-22-200055-138 DATE: August 26 th 2013 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DANIEL DORTÉLUS ______________________________________________________________________ MANIOLI INVESTMENTS INC. Plaintiff vs. 9226-9133 QUEBEC INC.

Defendant ______________________________________________________________________ CORRECTED JUDGMENT ______________________________________________________________________ [ 1 ] THIS HONOURABLE COURT, AFTER HAVING REVIEWED THE PROCEDURES AND THE EVIDENCE: [ 2 ] WHEREAS the Plaintiff claims from the Defendant arrears in the amount of Sixteen Thousand Seven Hundred and Twenty- Eight Dollars and Thirty Three Cents ($ 16,728.33) pursuant to a Lease Agreement dated November 28 th 2010; [ 3 ] WHEREAS the Plaintiff seeks the immediate resiliation of the Lease; [ 4 ] HAVING EXAMINED the allegations ; [ 5 ] HAVING EXAMINED the affidavit; [ 6 ] HAVING EXAMINED the Exhibits produced herewith; [ 7 ] CONSIDERING the failure of the Defendants to appear in the present Action; [ 8 ] CONSIDERING that the Plaintiff has proven the essential allegations of its Action; [ 9 ] FOR THESE REASONS THIS HONOURABLE COURT: [ 10 ] GRANT the present originating motion according to its conclusions; [ 11 ] CONDEMN Defendant to pay Plaintiff the sum of Sixteen Thousand Seven Hundred and Twenty-Eight Dollars and Thirty Three Cents ($ 16,728.33) with applicable legal interest and any additional indemnity accorded under

Article 1619 of the Civil Code of Quebec ;

[ 12 ] ORDER the immediate resiliation of the Lease Agreement [ 13 ] ORDER Defendant, its officers, directors, agents and employees to vacate the premises located at 450 René-Lévesque Boulevard West in Montreal, Province of Quebec, within forty-eight (48) hours of the service of the judgment and required notice to vacate, failing which, Plaintiff be authorized to obtain the issuance of a writ of possession to be issued by this Honourable Court; [ 14 ] ORDER Defendant its officers, directors, agents and employees to be expelled from the premises and all of the movables and movable effects garnishing the premises be removed from the premises so that they may be seized and sold by process of law in satisfaction of Plaintiff’s claim herein; [ 15 ] ORDER provisional execution of the judgment to be rendered herein notwithstanding any appeal; [ 16 ] THE WHOLE with costs against Defendant. __________________________________ DANIEL DORTÉLUS, J.C.Q.

Me Caroline Essiminy Caroline Essiminy Lawyer Lawyer of the plaintiff The Defendant was absent. Date of hearing: July 15 th 2013