2021 QCCQ 3308, 2021 QCCQ 3308

Boulevard Acquisition Corporation c. Lingerie Méditerrannée inc. 2021 QCCQ 3308 COURT OF QUEBEC (CIVIL DIVISION) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-22-266509-218 DATE: Montreal, April 14, 2021 ______________________________________________________________________ BEFORE : THE HONOURABLE MR. JUSTICE LOUIS RIVERIN ______________________________________________________________________ BOULEVARD ACQUISITION CORPORATION Plaintiff vs. LINGERIE MÉDITERRANNÉE INC.

And MOHAMED NHARI Defendants ______________________________________________________________________ JUDGMENT ON APPLICATION OF SAFEGUARD ORDER ______________________________________________________________________ [ 1 ] THE COURT is seized with an Application for the issuance of various safeguard orders against Defendants in the context of a commerce lease relating to premises located at 4216 Jean-Talon Street East, St-Leonard, Quebec (the "Application"). [ 2 ] SEEING the allegations of the Application, the Sworn Statement filed in support thereof dated March 29, 2021, together with the exhibits P-1 to P-5 referenced therein. [ 3 ] SEEING the representations made in connection with the Application. [ 4 ] SEEING that Plaintiff has satisfied the criteria relating to the issuance of a safeguard order, namely: a.

The existence of a clear and apparent right in the form of rent owing under the Lease and its Extension Agreement, Exhibits P-1 and P-2 (the "Lease"); b. The demonstration of a serious and/or irreparable prejudice as a result of the non-payment of rent by Defendant, notwithstanding its occupation and use of the leased premises; c. The balance of inconvenience, which clearly favours Plaintiff by reason of the fact that it is called upon to support the costs associated with the properties in which the leased premises are located, while not receiving the rent payable by Defendant pursuant to the Leases; d.

The urgency resulting from the need to re-establish the contractual balance and equilibrium provided for under the Leases and avoid the accumulation of additional rental arrears. FOR THESE REASONS, THIS COURT ISSUES THE FOLLOWING SAFEGUARD ORDERS TO REMAIN IN FORCE UNTIL JUDGMENT ON THE MERITS: ORDERS AND CONDEMNS Defendants to pay to Plaintiff, solidarily, the rental arrears in the amount of $ 15,470.26, within five (5) business days of the present judgment; ORDERS AND CONDEMNS Defendants to pay to Plaintiff, solidarily, the rent due since April 1st, 2021 in the amount of $ 2,686.99,

within five (5) business days of the present judgment; ORDERS AND CONDEMNS Defendants to pay to Plaintiff, solidarily, on a monthly basis during the course of any contestation which Defendants may submit, the monthly rent due under the Lease (P1 and P-2) in the amount of $ 2,686.99, commencing with the rent for the period beginning May 1, 2021 and monthly thereafter, on the first business day of each month until final judgment on the merits; ORDERS the provisional execution of the judgment to intervene herein notwithstanding appeal and without security; AUTHORIZES service of the judgment to intervene herein by all means and beyond the hours provided for by law; THE WHOLE with costs. __________________________________ LOUIS RIVERIN, J.C.Q.