Hourani c. Intact Assurances 2015 QCCQ 635 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-143129-148 DATE: January 21, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ ABDULLAH HOURANI […] Laval, Qc […] Plaintiff v.

INTACT ASSURANCE 7101, Jean-Talon Street East, # 1000 Anjou, Qc H1M 2T3 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS a car insurance contract intervened between the parties; [ 3 ] WHEREAS , on December 19, 2013, plaintiff sustained a loss to the insured car, namely a 2004 Audi, id. no.

WAUML44E84NO13235; [ 4 ] WHEREAS , on April 22, 2014, a transaction intervened between the parties by way of mutual concessions and reservations with respect to the loss (exhibit D-2; art. 2631 Civil Code of Quebec ); [ 5 ] WHEREAS plaintiff, who is a businessman, accordingly signed a release and discharge on even date (exhibit D-2); [ 6 ] WHEREAS a transaction has, between the parties, the authority of a final judgment (art. 2633 C.C.Q.); [ 7 ] WHEREAS defendant paid the amount of $9,617.90 provided for in transaction D-2, to plaintiff; [ 8 ] WHEREAS plaintiff is therefore not entitled to any further sums; [ 9 ] WHEREAS , as attested in vehicle certificate of registration exhibit D-1, defendant is now the legal owner of the car; [ 10 ] WHEREAS plaintiff is illegally retaining possession of the car and illegally refuses to relinquish its custody to defendant; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's application, with costs; HOMOLOGATES the transaction which intervened between the parties, on April 22, 2014; ORDERS the parties to abide thereby; and

ORDERS plaintiff to return and deliver the Audi A8 2004, described as " WAUML44E84NO13235 Gravement Accidenté" in registration certificate SPPP8252D, to defendant, by his own means and at his own expense, to the following location: Impact Auto Auctions, 870 St-Féréol, Les Cèdres, Quebec, by no later than January 30, 2015. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: January 6, 2015