2019 QCCQ 6470, 2019 QCCQ 6470
Opinion
Bellemare c. 9203-8751 Québec inc. 2019 QCCQ 6470 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-157716-186 DATE: October 15, 2019 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ GREENSPOON BELLEMARE Plaintiff/Cross-Defendant v. 9203-8751 QUÉBEC INC Defendant/Cross-Plaintiff ______________________________________________________________________ JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] A settlement agreement intervened between the parties, on October 13, 2019.
A copy of said agreement is attached to the present judgment. [ 2 ] This agreement constitutes a transaction in virtue of
section 2631 of the Civil Code of Québec . [ 3 ] A transaction has, between the parties, the authority of res judicata (s. 2633 C.C.Q .). [ 4 ] A transaction is not subject to forced execution until it is homologated (s. 2633 C.C.Q .). [ 5 ] Furthermore, s. 561 of the Code of Civil Procedure stipulates: « 561 . If, after conciliation, the parties reach a settlement, the court clerk draws up minutes in which the settlement agreement is recorded. Once signed by the parties and homologated by the court, the settlement agreement is equivalent to a judgment. » WHEREFORE THE COURT HEREBY: TAKES COGNIZANCE of the settlement agreement which intervened between the parties, on October 13, 2019;
HOMOLOGATES said agreement; and ORDERS the parties to abide by the terms thereof. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: October 15, 2019
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