Fred Benjamins

[fredbenjamin...@gmail.com]

Frederick Benjamins

2003 CarswellQue 7241, EYB 2003-43048
Intervavanti Oy v. Beninco Holdings Canada inc.
In the matter of a complaint pursuant to Section 241 of the Canada Business Corporations Act, R.C.S., 1985, c.
C-44: Interavanti Oy, Petitioner, v. Beninco Holdings Canada inc., Abraham Frederick Benjamins, 2847-3452
Québec inc., Respondents, and L'Officier de la publicité des droits de la circonscription foncière de Terrebonne,
Mis en cause
Cour supérieure du Québec
Langlois J.C.S.
Heard: 8 may 2003
Judgment: 5 june 2003
Docket: C.S. Qué. Montréal 500-11-019468-020
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Counsel: Me Jacques S. Darche, for Interavanti Oy
Subject: Corporate and Commercial
Paul Chaput, S.C.J.:
1 The Court, having taken cognizance of Petitioner's Motion of a complainant for the issuance of various
orders to rectify oppressive and unfairly prejudicial acts and omissions that unfairly disregard the interests of a
creditor dated October 30, 2002, and of Petitioner's Additional Motion of a complainant for the issuance of various
orders to rectify oppressive and unfairly prejudicial acts and omissions that unfairly disregard the interests
of a creditor dated March 6, 2003, and the Affidavits and the exhibits filed in support of said Motions;
2 CONSIDERING that Respondents have not replied to the Mise en demeure de comparaître personnellement
ou de se constituer un nouveau procureur selon l'article 251 C.p.c. served on April 23, 2003;
3 CONSIDERING the Affidavit of Veikko Matti Väinö Vuorinen dated May 23, 2003;
4 THE COURT :
5 GRANTS in part the said Motions;
6 DECLARES that Interavanti Oy is a proper person to make an Application under part XX of the Canada
Business Corporations Act, R.S.C. 1985, c. C-44;
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2003 CarswellQue 7241, EYB 2003-43048
© 2014 Thomson Reuters. No Claim to Orig. Govt. Works7 ORDERS Beninco Holdings Canada Inc. to produce into the Court record and to serve to the attorneys of
Petitioner, BORDEN LADNER GERVAIS LLP, Lawyers, Patent and Trade-mark Agents, 1000 de la
Gauchetière Street West, Suite 900, Montréal, Québec H3B 5H4, within 30 days, its financial statements in the
form required by Section 155 of the Canada Business Corporations Act, R.S.C. 1985, c. C-44, for the years
ended January 31, 1998, 1999, 2000, 2001 and 2002;
8 ORDERS Abraham Frederick Benjamins not to transfer, sell, assign, hypothecate, encumber, modify or in
any way alter or deal in or with the assets of Beninco Holdings Canada Inc. without first obtaining the authorization
of this Court;
9 CONDEMNS Abraham Frederick Benjamins to pay to Interavanti Oy the sum of $322,000.00(CA) with
interest at the legal rate and the additional indemnity provided for in Article 1619 of the Civil Code of Quebec
calculated from August 4, 1998 in reduction of the amount payable by Beninco Holdings Canada Inc., in virtue
of the judgment dated July 5, 2000 (500-05-045682-984);
10 CONDEMNS Abraham Frederick Benjamins to pay to Interavanti Oy the sum of $104,646.00(CA) with
interest at the legal rate and the additional indemnity provided for in Article 1619 of the Civil Code of Quebec,
calculated from May 4, 1999 in reduction of the amounts payable by Beninco Holdings Canada Inc. in virtue of
the judgment dated July 5, 2000 (500-05-045682-984);
11 RESERVES to Interavanti Oy its rights to claim from Abraham Frederick Benjamins, for the benefit of
Beninco Holdings Canada Inc., any and all sum of monies he received from Beninco Holdings Canada Inc. since
January 31, 1997;
12 DECLARES good and valid the seizure before judgment against the following immovable, namely:
» 1.) A part of lot number FOUR of the subdivision of lot number TWO of the official subdivision of the
original number FIVE HUNDRED AND THIRTY-FIVE (Pt 535-2-4) on the official Cadastre of the Parish
of Saint-Sauveur, Registration Division of Terrebonne;
Of irregular figure and bounded as follows: towards the north-east by lot 536-2-2-1 (street) and by a part of
lot 535-2-4; towards the south-east by lot number 535-2-8 and by a part of lot 535-2-4; towards the southwest
by lot 535-2-8 and by a part of lot 541-9 (hereinafter described); and towards the north-west by lot
541-40 (street).
Measuring eighty-six meters and forty-nine centimeters (86.49m) in its north-east line; thirty-four meters
and thirty-four centimeters (34.34m) in its south-east line; one meter and thirty-four centimeters (1.34m) in
its north-east line; twelve meters and five centimeters (12.05m) in its south-east line; eight meters and fortytwo
centimeters (8.42m) in its south-west line; thirty-four meters and eleven centimeters (34.11m) in its
south-east line; ninety meters and ninety-four centimeters (90.94m) in its south-west line; eighty-two meters
and thirty centimeters (82.30m) in its north-west line.
Containing a superficial area of seven thousand three hundred and twenty-four square meters and seventyone
hundredths of a square meter (7324,71 s.m.) metric measures and more or less.
2. A part of lot number NINE of the official subdivision of original lot number FIVE HUNDRED AND
FORTY-ONE (Pt 541-9) on the official Cadastre of the Parish of Saint-Sauveur, Registration Division of
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2003 CarswellQue 7241, EYB 2003-43048
© 2014 Thomson Reuters. No Claim to Orig. Govt. WorksTerrebonne.
Of irregular figure and bounded as follows: towards the north-east by a part of lot 535-2-4 (hereinabove described);
towards the south-east by lot 541-53; towards the south-west by a part of lot 541 and towards the
north-west by lot 541-40 (street).
Measuring ninety meters and ninety-four centimeters (90.94m) in its north-east line; nine meters and thirty
centimeters (9.30m) in its south-east line; ninety-two meters and sixty-five centimeters (92.65m) in its
south-west line; nine meters and fourteen centimeters (9.14m) in its north-west line. Containing a superficial
area of eight hundred and thirty-nine square meters and thirty-eight hundredths of a square meter (838.38
s.m.) metric measures and more or less.
With the building thereon erected, bearing civic number 1537 Chemin du Versant Sud, Sainte-Adèle
(Mont-Rolland) Province of Quebec, J8B 2K4.
13 ORDERS the sale by Sheriff of the above-mentioned immovable and that Interavanti Oy be paid out of
the proceeds of the sale according to law;
14 ORDERS Abraham Frederick Benjamins to remit to Beninco Holdings Canada Inc. all assets, other than
money, he received from Beninco Holdings Canada Inc. since January 31, 1997;
15 DECLARES non opposable to Interavanti Oy and to Beninco Holdings Canada Inc. the contract signed
between Interglobia International Beheer BV and Beninco Holdings Canada Inc. on June 19, 1997 before Mr.
Melchior Joannes Virginia Kloeck, Public Law Notary practicing in Heemsteda in the Netherlands;
16 RENEWS the appointment of Mr. Patrick Sullivan, CIRP, of Le Groupe Fuller Landau Inc. of Montreal,
to act as Receiver of Beninco Holdings Inc. pursuant to Sections 94 to 101 of the Canada Business Corporations
Act with the same powers as provided for in the judgment rendered in the present file on November 11, 2002,
until his mandate is revoked by this Court;
17 THE WHOLE WITH COSTS against BENINCO HOLDINGS CANADA INC. and ABRAHAM FREDERICK
BENJAMINS.
Solicitors of record:
Borden Ladner Gervais LLP, for Interavanti Oy
END OF DOCUMENT
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2003 CarswellQue 7241, EYB 2003-43048
© 2014 Thomson Reuters. No Claim to Orig. Govt. Works