2017 QCCQ 18087, 2017 QCCQ 18087

3972755 Canada inc. c. 9359-1774 Québec inc. 2017 QCCQ 18087 C A N A D A COURT OF QUEBEC (civil division) PROVINCE OF QUÉBEC 3972755 CANADA INC.

DISTRICT OF MONTREAL Plaintiff NO: 500-22-242035-171 -vs- Date: October 31, 2017 9359-1774 QUEBEC INC. -and- MOHAMED BOUHOUIA -and- TARIK BOUZID Defendants JUDGMENT ON THE MERITS ( 1 ) SEEING the Application to Institute Proceedings Relating to Arrears of Rental, Additional Rental, Cancellation of Lease and an Order to Safeguard the rights of the parties ( 2 ) SEEING the request for Safeguard Measures contained within the Introductory Application ; ( 3 ) SEEING the affidavit of Plaintiff's representative Ms.

Maria Lampasona; ( 4 ) CONSIDERING the exhibits filed in support of Plaintiff's Introductory Application and request for Safeguard Measures; ( 5 ) CONSIDERING that Defendants have not paid rent to Plaintiff since August of 2017; ( 6 ) CONSIDERING that Defendants continue to have the right of peaceable enjoyment of the premises owned by Plaintiff, despite not having paid said rent; ( 7 ) CONSIDERING that the monthly rent that Defendant 9359-1774 Quebec Inc must pay to Plaintiff in Virtue of the Lease (Exhibit P-1) is $6,106.36 inclusive of taxes;

( 8 ) CONSIDERING the default of Defendants to file an Answer in the present instance ( 9 ) CONSIDERING that the Safeguard order pronounced by the Honorable Emmanuelle Saucier J.C.Q on October 6, 2017 has not been respected; ( 10 ) WHEREFORE THE COURT; ( 11 ) GRANTS the present Application to Institute Proceedings Relating to Arrears of Rental, Damages, Cancellation of Lease and an Order to Safeguard the Rights of the Parties; ( 12 ) CONDEMNS Defendants solidarily to pay to Plaintiff the amount of $12,212.72 (inclusive of G.S.T. and Q.S.T.), representing arrears of rental and additional rental, plus interest and the legal indemnity in accordance with Articles 1617 and 1619 of the Civil Code of Quebec ; ( 13 ) ORDERS the cancellation and resiliation of and DECLARES cancelled and resiliated à toutes fins que de droit the agreement of lease dated May 9 2017(Exhibit P-1) as well as the Addenda to Lease (P-3) having intervened between Plaintiffs and Defendant and having become, ultimately, binding upon Defendant; ( 14 ) ORDERS that Plaintiff be permitted to keep the amount of the safety deposit namely the sum $12,212.72, and this to the complete exclusion of Defendants; ( 15 ) OPERATES Compensation between the amounts kept as security deposit and the amount owing by Defendants to Plaintiff; ( 16 ) ORDERS Defendant to return to Plaintiffs complete and entire possession of the subject commercial premises bearing civic numbers 8645, Champ d'Eau in Montreal, Quebec H1P 3B8 within 24 hours following the Judgment to be rendered herein, in default whereof, ORDERS that Defendant be expelled and evicted from the said subject leased premises without further notice or delay; ( 17 ) RESERVES unto Plaintiffs all further rights and recourses against Defendant, as are available in law; ( 18 ) ORDERS provisional execution of the Judgment herein notwithstanding appeal; ( 19 ) THE WHOLE, with costs; _____________________________________________________ The Honorable Henri Richard, J.C.Q. (JR 1403)