2012 QCCQ 11049, 2012 QCCQ 11049

Ebrahiminia c. Société de l'assurance automobile du Québec 2012 QCCQ 11049 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-125982-100 DATE: October 31, 2012 ______________________________________________________________________ BY THE HONOURABLE SCOTT HUGHES, J.C.Q. ______________________________________________________________________ SIAVASH EBRAHIMINIA Plaintiff v.

SOCIÉTÉ DE L'ASSURANCE AUTOMOBILE DU QUÉBEC Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Siavash Ebrahiminia is claiming $1,264.04 from the Société d'Assurance Automobile du Québec (S.A.A.

Q) pursuant to the seizure of his car. [ 2 ] Mr. Ebrahiminia lost all of his demerit points further to being found guilty of an infraction on December 2, 2008. He admits that he was aware of this judgment but he had no money to pay the fine. It is pursuant to this unpaid fine, that his driver's licence was suspended on January 28,2010. [ 3 ] Mr. Ebrahiminia alleges that on July 27 th , 2010, not knowing his driver's licence was suspended, he was stopped by the police at the entrance of Champlain Bridge. His car was seized in conformity with

article 209.1 of the Highway safety Code [1] which reads, (in part): 209.1 A peace officer who has reasonable cause to believe that a person is driving a road vehicle without being the holder of a licence prescribed by

section 65 may, at the owner's expense and on behalf of the Société, immediately seize the vehicle and impound it for a period of 30 days. [ 4 ] Mr. Ebrahiminia and three members of his family were left on Nun's Island and had to use public transport to return home to Brossard. [ 5 ] At all relevant times, Mr. Ebrahiminia resided at the same address in Brossard. This is the address that appears in the records of the S.A.A.Q. The evidence shows that the S.A.A.Q sent him a notice of the suspension of his driver's licence, by registered mail, to this address.

The letter was returned to the S.A.A.Q., unclaimed. [ 6 ] Mr. Ebrahiminia invokes a judgment rendered by judge Gilles Lareau, J.C.Q. who ordered a release from the seizure because Mr. Ebrahiminia had convinced him that he was not in fact aware of the suspension. Apparently, Mr. Ebrahiminia was having difficulties with the delivery of his mail at the time of the notice. [ 7 ] Mr. Ebrahiminia argues that this judgment conclusively shows that the S.A.A.Q was at fault. He adds that the S.A.A.Q. should have taken further measures to find him when the notice of suspension was returned unclaimed. [ 8 ] Mr.

Ebrahiminia had the burden of proving that the S.A.A.Q. was at fault. The evidence shows that the S.A.A.Q. respected its legislative obligations under

article 550.1 of the Code , this

article reads: 550.1. The Société shall transmit to the person concerned the decision in respect of a sanction referred to in

section 106.1 by giving it to him or sending it, by any means of transmission providing proof of receipt, to the last address listed for him in the records of the Société . (Emphasis added) [ 9 ] The S.A.A.Q. had, in the present circumstances, no obligation to take further measures to trace M. Ebrahiminia when the notice was returned [2] . Also, judge Lareau's decision does not establish negligence on the part of the S.A.A.Q.; it only establishes that M. Ebrahiminia was not aware of the suspension. Therefore, considering the S.A.A.Q. did not commit a fault in the circumstances of this case, Mr. Ebrahiminia's application must be dismissed.

FOR THESE REASONS, THE COURT: DISMISSED the application of Siavash Ebrahiminia with judicial costs in the amount of $136.00. __________________________________ Scott Hughes, J.C.Q. Date of hearing: July 30, 2012.