GRADED EVALUATION 2
EXAMPLES OF QUESTIONS
please note that the fact patterns in this document have not been updated.
Consequently, the answers provided in the answer key are based on the
legislation and regulation in force at the time the questions were written.
FILE 1 (9 MARKS)
Example taken from Graded Evaluation 2 (winter 2009).
Your articling supervisor meets with you today and provides you with the notes (reproduced hereinbelow)
he took during a meeting this morning with Valérie Vachon, president and sole shareholder of his client,
Les Galeries de L’Estuaire inc.
NOTES FROM THE MEETING WITH VALÉRIE VACHON
Les Galeries de L’Estuaire inc. (“Galeries”): owner of a shopping centre located in Québec City.
Galeries purchased the shopping centre from Propriété Bijoux ltée; deed of sale published 28 Feb. 08
registered at the Québec City registry office under no. 949264.
Tabagie Moderne inc.: lessee of shopping centre, premises no. 48; lease signed with Propriété Bijoux
for a ten-year term, as of March 1, 2004.
Deed of sale no. 949264 states: vendor assigns to purchaser all its rights, and purchaser assumes all of
vendor’s obligations in all the leases of the shopping centre being sold.
Lease contains no provisions regarding right to sublet the leased premises or to assign the lease.
29 August 08, assignment of lease signed between Tabagie Moderne, Simone Ferland and Jean-Yves
Roy, agreement states only:
assignment of all the lessee’s rights in the lease to Simone Ferland and Jean-Yves Roy;
undertaking of the assignees to respect all the lessee’s obligations under the lease;
if the lease is resiliated due to the failure of the assignees to perform their obligations, the
assignees undertake to pay to the lessor, in addition to all other amounts then owed, $16,800
(6 months of rent) as an indemnity for re-