2016 QCCQ 1571, 2016 QCCQ 1571

Gracun c. Lehmann 2016 QCCQ 1571 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU CITY OF GATINEAU « Civil division » N° : 550-22-016859-157 DATE : March 17, 2016 ______________________________________________________________________ UNDER THE PRESIDENCY OF THE HONOURABLE SERGE LAURIN ______________________________________________________________________ Marco Gracun Applicant c.

Karsten Lehmann and Eva Januskova Defendents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [1] WHEREAS the judicial proceedings; [2] WHEREAS the transaction settlement agreement signed by the parties and which reads as follows: WHEREAS the plaintiff lent to the Defendants the amount of $ 30,000.00 in September 2012 (here after “’the Loan”); WHEREAS the defendants have acknowledge being indebted toward the plaintiff for the amount of $ 30,000.00 on August 28 th 2013; WHEREAS the loan was to be reimbursed by October 30 th , 2013; WHEREAS the defendants are under default to reimburse the loan; WHEREAS the Plaintiff has filed a motion to introduce proceedings; WHEREAS he Parties have reached an agreement to end the present litigation (hereafter, « the Agreement »); THEREFORE, THE PARTIES AGREE ON AS FOLLOWS:

1 . The above

preamble is a part of the present Agreement; 2 . The defendants commit to pay to the Plaintiff the amount of 30,000.00$ in capital, interests and fees and abide by the following terms and conditions: - A first instalment of 5,000.00$ shall be paid to the Plaintiff before March 1 st , 2016 by certified check or bank draft; - Monthly installments of 1,500.00$ will be paid to the Plaintiff the first day of every month starting April 1 st , 2016 until such time as the full amount is payed; 3 .

The defendants agree, that in the event of default, the Plaintiff will be entitled to claim interests at a rate of ten percent (10%) per year starting the day of the default; 4 . The defendants also agree, in the event of default, that the Plaintiff will be entitled to claim the immediate reimbursement of the totality of the outstanding amount; 5 . In consideration of the totality of the payments of the aforementioned sums, the parties grant each other mutual complete and final release for all current and future claims arising directly or indirectly from the proceedings in the present court file; 6 .

The parties renounce expressly by the present to invoke the nullity of one or any other provisions for the motive that it is either incomprehensible, illegible or abusive or for any other motive and that they had the opportunity and were recommended to consult a legal advisor; 7 . The clauses and stipulations of this Agreement are independent from one another and the nullity, invalidity, the non-applicability or amendment of one of them will not affect the validity of the others; 8 . The parties expressly acknowledge that the Agreement has been made without any admission of liability whatsoever on each part; 9 .

The present Agreement is opposable and enforceable against the parties, their successors and heirs; 10 . The Parties confirm that the terms of the transaction are fully understood and are accepted for the purposes outlined in the

preamble of the present transaction; 11 . The present Agreement was drafted in English at the request of the parties. La présente entente a été rédigée en anglais à la demande des parties; 12 . The present Agreement is a transaction in accordance with the provisions of the Quebec civil code ; 13 . The parties agree that the present agreement will be filed for homologation pursuant to

section 528 of the code of civil procedure ; AND THE PARTIES HAVE SIGNED, IN GATINEAU, ON THIS 15 th DAY OF FEBRUARY 2016 Marco Gracun (

s) Karsten Lehmann (

s) Eva Januskova (s) [3] WHEREAS the request to homologate the transaction; THE COURT: [4] HOMOLOGATES the settlement agreement occurred between the parties on February 15, 2016; [5] ORDERS the parties to comply with the said settlement agreement; [6] DECLARE the settlement agreement enforceable; [7] THE WHOLE without cost.

__________________________________ SERGE LAURIN, J.C.Q. Me Alexandra Roy Attorney of the Applicant Date of hearing: March 15, 2016