Patterson c. Intact Assurances 2015 QCCQ 6661 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-140163-132 DATE: July 7, 2015 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ LARRY PATTERSON Plaintiff v.

INTACT ASSURANCE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS plaintiff is suing his insurer, in damages, following a loss which he allegedly incurred, on June 24, 2011; [ 3 ] GIVEN the insurance contract exhibit D-1; [ 4 ] WHEREAS plaintiff's triplex, bearing civic address […] in Montreal, allegedly sustained water damage on said date; [ 5 ] WHEREAS, contrary to the terms and conditions of the insurance policy and to articles 2470 and 2471 of the Civil code of Quebec , plaintiff waited 2 years before notifying defendant of the alleged loss; [ 6 ] WHEREAS plaintiff allegedly carried out repairs, in the month of June, 2011, without advising defendant beforehand; [ 7 ] WHEREAS , in support of his claim, plaintiff filed invoice P-1 for $12,017.50; however, no witness was heard with respect to this invoice or the work allegedly carried out; [ 8 ] GIVEN , furthermore, the laconic nature of the invoice; [ 9 ] WHEREAS plaintiff never allowed defendant to examine the premises or inspect the alleged damages, before executing the repairs; [ 10 ] WHEREAS this is contrary to articles 1595 and 1602 of the C.c.Q .; [ 11 ] GIVEN the principles outlined in Gareau c.

Les Habitations Beaupré inc . [1] and Quintas c. Gravel ; [2] [ 12 ] WHEREAS plaintiff's action is ill-founded;

WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's action, with judicial costs in the amount of $204.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: June 26, 2015