2013 QCCQ 5776, 2013 QCCQ 5776

Lafleur c. Collines-de-l'Outaouais (MRC de) 2013 QCCQ 5776 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF HULL CITY OF GATINEAU Civil Division No. 550-32-020236-128 DATE : May 30, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE SERGE LAURIN, J.C.Q. ______________________________________________________________________ Jonathan Lafleur […] Amherstview (On) […] Plaintif c.

MRC Collines-de-l'Outaouais 7, chemin Edelweiss La Pêche (Qc) J0X 3G0 City of Gatineau C.P. 1970, Succursale Hull Gatineau (Qc) J8X 3Y9 Défendants JUDGMENT Rendered orally on May 22, 2013 and edited INTRODUCTION [ 1 ] Mr. Lafleur sued the MRC Collines-de-l'Outaouais and the City of Gatineau because they neglected to inform the Director of the Youth Protection Agency of his son's implication in a car accident. His son, aged 4 at that time, was in a car driven by his mother, ex common-law wife of Mr. Lafleur, when they hit a snow bank.

She was later charged with driving under the influence of alcohol. [ 2 ] On the other hand, the defendants invoked the prescription periods of 6 months according to

section 586 of the Cities and Towns Act [1] and

section 1112.1 of the Municipal Code of Québec [2] . QUESTION IN DISPUTE [ 3 ] The court has to decide if Mr. Lafleur filed his motion within the prescriptive period mentioned above. ANALYSIS

[ 4 ] The proof demonstrates that Mr. Lafleur is informed in 2009, by his 7 years old son, of his involvement in a car accident that occurred in 2007. [ 5 ] The small claims application was filed May 9, 2012. [ 6 ] The court states the pertinent sections relating to the prescription previously invoked by the defendants: 586. Every action, suit or claim against the municipality or any of its officers or employees, for damages occasioned by faults, or illegalities, shall be prescribed by six months from the day on which the cause of action accrued, any provision of law to the contrary notwithstanding. 1112.1.

No action in damages may be instituted against a municipality unless 15 days' written notice of such action is given to the secretary-treasurer of the municipality and the action is instituted within six months after the date on which the cause of action arose. Such notice may be given by registered or certified letter; it must give the name and residence of the claimant and the nature of the damage for which damages are claimed, and be given within 60 days of the date on which the cause of action arose. CONCLUSION [ 7 ] The court concludes that the application was filed after the prescribed delays of 6 months.

The application is prescribed. FOR THOSE GROUNDS, THE COURT: [ 8 ] REJECTS the application with judiciary costs of 199$ for each of the defendant. __________________________________ SERGE LAURIN, J.C.Q.

Hearing date: May 22, 2013