Executive Summary: Key Legal and Evidentiary Issues

• The case involves an application for a safeguard order under Articles 49 and 158 of the Code of Civil Procedure in a commercial lease dispute.
   
• Unpaid rent for March, May, and June 2026 formed the central evidentiary issue before the Court.
   
• Continued occupation of the premises by the defendant while rent remained outstanding weighed heavily in the Court's assessment.
   
• Jurisprudential guidance confirmed that ordering payment of arrears at the safeguard-order stage remains exceptional.
   
• Legislative limits under Article 158 capped the safeguard order at a period not exceeding six months.
   
• Provisional execution notwithstanding appeal was granted to ensure the order's immediate effect.
   

Facts of the case

Développement Olymbec inc. ("Olymbec"), the plaintiff and landlord, brought an application against Groupe Aldea inc. ("Aldea"), the defendant and tenant, seeking a safeguard order in connection with a commercial lease. The application, along with the originating proceedings, supporting exhibits, and a sworn statement from an Olymbec representative, was filed on May 15, 2026, and served on Aldea on May 28, 2026. Initially scheduled for June 4, 2026, the hearing was rescheduled to June 30, 2026 following a response from Aldea's counsel and unsuccessful attempts at an amicable resolution. At the hearing, Aldea's counsel did not contest the application but stopped short of consenting to the specific relief Olymbec sought. The Court noted that rent for March, May, and June 2026 remained unpaid, that Aldea continued to occupy the premises, and that Aldea was pursuing financing to address its obligations while deferring to the Court's discretion on the outcome.

Policy and legislative provisions at issue

Olymbec's request centered on enforcement of the lease entered into between the parties on January 6, 2023, particularly clauses 3.1 and 3.2, which governed monthly rent obligations, including additional rent. At the safeguard-order stage, Olymbec sought payment of $11,651.48 for June 2026, a figure incorporating this additional rent. The application relied on Article 49 of the Code of Civil Procedure, which sets out the criteria for safeguard orders—apparent right, serious or irreparable prejudice, urgency, and an imbalance between the parties warranting relief—and Article 158, which empowers the Court to issue a safeguard order as a case management measure for a period not exceeding six months.

Reasoning and analysis

The Court weighed the criteria under Article 49 and found that the ongoing non-payment of rent, combined with Aldea's continued occupation of the premises, created an imbalance favouring the issuance of a safeguard order. It drew on prior authority, including 9257-4748 Québec inc. v. 7715820 Canada inc., in assessing the appropriateness of relief at this stage. At the same time, the Court acknowledged that ordering payment of arrears through a safeguard order is exceptional, referencing supporting case law on this point. It also noted that Aldea had responded through counsel on June 6, 2026, but had not yet submitted its grounds of contestation, and that any redressment ordered would need to be reassessed within a short period without binding the eventual trial judge.

Ruling and overall outcome

The Court granted Olymbec's application for a safeguard order in part, issuing the order for the duration permitted under Article 158. Aldea was ordered to pay Olymbec $11,191.58 for June 2026 rent within seven days of the judgment's transmission, a further $11,191.58 for July 2026 rent by July 24, 2026, and the same monthly amount on the first of each subsequent month starting August 1, 2026, until an amicable settlement or final judgment is reached. Should Aldea fail to make these payments, Olymbec was authorized to seek a declaration foreclosing Aldea from pleading on the merits. The Court ordered provisional execution notwithstanding appeal and awarded legal costs to Olymbec on this application, while directing that the broader case management steps—including notices under Articles 535.4 and following, due July 21, 2026 for Olymbec and August 7, 2026 for Aldea—proceed without costs, with time limits suspended until September 9, 2026.