2011 QCCQ 12001, 2011 QCCQ 12001

Shigawake Organics Ltd. c.

Thériault 2011 QCCQ 12001 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF BONAVENTURE LOCALITY OF NEW CARLISLE (Civil Division) No: 105-22-000943-085 DATE: June 10, 2011 ______________________________________________________________________ PRESENT: THE HONOURABLE JEAN BÉCU, J.C.Q. ______________________________________________________________________ SHIGAWAKE ORGANICS LTD and GARRY HAYES and JOSEPH HAYES and JENNIFER HAYES Plaintiffs vs SERGE THÉRIAULT and 4019539 CANADA INC, Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] In his defense and at trial, Defendant Thériault admits that Plaintiffs are the sole owners of the various movables they revendicate, which they have already repossessed; [ 2 ] According to

section 1060 of the Municipal Code of Québec, the purchaser may compel the person who redeems the immovable in the name of the owner, to indemnify him for all necessary repairs and improvements made by him on the immovable so redeemed ; [ 3 ] In this matter, as 4019539 Canada inc. had been dissolved, Defendant Thériault redeemed the immovable in its name, so that he is solidarely liable with it towards Plaintiffs for the amount of the repairs and improvements, amount already established in a judgment of this Court rendered on June 4, 2010 against 4019539 Canada inc. ; [ 4 ] Plaintiffs had proven the essentials allegations of their Motion to institute proceedings against Defendants; FOR THESE REASONS, THE COURT : [ 5 ] ALLOWS the present Motion to institute proceedings.;

[ 6 ] DECLARES the seizure before judgment taken in the present case good and valid; [ 7 ] DECLARES Plaintiffs, Garry and Joseph Hayes, sole and lawful owners of the hereafter described movables : DESCRIPTION 3 filing cabinets Office chairs Office desk 4 office tables Steel shelving Steel bins for storage 2 10’x4’x8’ steel racks loaded with plumbing supplies Steel carts PVC piping ABS piping [ 8 ] DECLARES Plaintiff, Shigawake Organics Ltd., sole and lawful owner of the hereafter described movables: DESCRIPTION 148 x 50 lbs bags of salt 14 bags x 56 cubic ft/bag perlite 9000 Kg of domolitic lime 21000 Empty Progro mix Seagro bags 1000 kg basalt 50 bags x 50 lbs granular lime 28 bags x 18 kg lime rite lime 26 bags x 20 kg garden lime [ 9 ] DECLARES that Plaintiffs have the right to revendicate the above described movables, that they have recuperated since the filing of this Petition; [ 10 ] CONDEMS Defendants Serge Thériault and 4019539 Canada inc. solidarely to pay the Plaintiffs Garry, Joseph and Jennifer Hayes an amount of 5 743,00 $, with interests at the rate of 5% per annum and the additional indemnity provided by

section 1619 of the Quebec civil Code since the service of the amended motion to institute proceedings to that Defendant on July 30, 2009, and the costs ;

__________________________________ JEAN BÉCU Judge at the Court of Québec Me Jules Grenier Grenier & Grenier Attorney for Plaintiffs Serge Thériault, personnally Date of hearing: June 10, 2011