2015 QCCQ 15052, 2015 QCCQ 15052

Location Claireview, s.e.n.c. c. Sufer 2015 QCCQ 15052 COUR DU QUÉBEC Cour de pratique CANADA PROVINCE DE QUÉBEC DISTRICT DE MONTRÉAL « Chambre civile » N° : 500-22-219008-151 DATE : December 9, 2015 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE L’HONORABLE MARTINE L. TREMBLAY, J.C.Q. ______________________________________________________________________ LOCATION CLAIREVIEW S.E.N.C.

Partie demanderesse c. BRENDA SUFER

Partie Défenderesse ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On June 1 st , 2013, Defendant leased [1] from Plaintiff, for a period of twenty-four (24) months commencing June 1 st , 2013, (the « Lease ») Plaintiff’s used 2004 Bentley Continental GT vehicle bearing serial number SCBCR63W54C022248 (the « Car » ). [ 2 ] As of February 2, 2015, Defendant has failed to satisfy completely her November 2014 rental and her monthly rental for the months of December 2014, January and February 2015. [ 3 ] On February 3, 2015, a bailiff’s attempt to seize the Car before judgment failed as he could not find, locate or trace the Car. [ 4 ] On May 1 st , 2015, this Court noted [2] that Defendant testified that she did not know where the Car was. [ 5 ] As a result of the foregoing, Defendant owes $29,085.61 to Plaintiff, detailed as follows : a) $3 785.44 for rental arrears; b) $757.09 for extrajudicial fees as per

article 22 of the Lease; c) $24 543.08 for the loss of the fair market value of the Car. This amount was determined by adding the monthly rentals for the month of March, April and May 2015 to the amount agreed upon by the parties as the price for the option to purchase. [ 6 ] On July 15, 2015, Defendant’s attorneys declared their intent to cease representing Defendant. Defendant ignored the Notice to appoint a new attorney that was served upon her personally, on July 16, 2015. [ 7 ] On October 30, 2015, despite being duly summoned and called before this Court, Defendant was absent.

FOR THESE REASONS, THE COURT : DECLARES the lease terminated as of May 31, 2015; CONDEMNS Defendant to pay $4 542.53 to Plaintiff together with interest and the additional indemnity provided by

article 1619 of the Civil Code of Quebec calculated from February 9, 2015. DECLARES that Plaintiff is the sole and absolute proprietor of the 2004 Bentley Continental GT Vehicle bearing serial number SCBCR63W54C022248 ; PRAYS ACT that Defendant did not know where the Car was. CONDEMS Defendant to pay $ 31 466.38 to Plaintiff together with interest and the additional indemnity provided by

article 1619 of the Civil Code of Quebec calculated from February 9, 2015. THE WHOLE with costs. ____________________________ MARTINE L. TREMBLAY, J.C.Q.

Me Harvey Shaffer Representing the Plaintiff Date d’audience : 30 octobre 2015.