2023 QCCQ 6153, 2023 QCCQ 6153

Compagnie Crédit Ford du Canada c. Lee 2023 QCCQ 6153 COURT DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF TÉMISCAMINGUE TOWN OF VILLE-MARIE « Civil Division » N° : 610-22-000551-234 DATE : September 11, 2023 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ COMPAGNIE CRÉDIT FORD DU CANADA Plaintiff c.

JOSEPH CECIL LEE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On May 16, 2023 Compagnie Crédit Ford Du Canada (hereafter Ford Credit) instituted an action seeking to be declared the sole owner of a motor vehicle in the possession of the defendant Joseph Cecil Lee. [ 2 ] At the same time the plaintiff following

section 517 of the Code of Civil Procedure proceed to seized before judgement the said vehicle. [ 3 ] The defendant opposed to that and ask the tribunal to quash the seizure and ordered the vehicle to be returned to him. [ 4 ] The application of Mr. Cecil Lee was first took under advisement. By the same occasion the defendant was ordered to collaborate in the preparation of a draft protocol and to submit his means of defence within 14 days. [ 5 ] The plaintiff therefore sends a draft case protocol to the defendant which return it with only the phrase « without prejudice. »

The document doesn’t state any grounds of contestation. [ 6 ] In reaction to this the plaintiff filed a case management notice which was duly served to the defendant. [ 7 ] Considering the lack of defence and collaboration of Mr.

Cecil Lee, Ford Credit is asking the court to proceed by default and grant the demand. [ 8 ] Even if notified the defendant is absent with the consequence that the case proceed without him. [ 9 ] The demand originating a proceeding, the affidavit of the representative of the plaintiff and the exhibits explain provide the following information. [ 10 ] On September 16, 2021, the defendant purchases from Oak Ridge Ford Sales

(1981) Limited a 2021, Ford F-150, bearing vehicle identification, number 1FTF W1E52MFB39200, pursuant to a retail instalment contract for a purchase price of $59,408.41 payable by 182 bi-weekly payments of $ 332,17. [ 11 ] On the same date the vendor assigns its rights in the vehicle and in the retail instalment contract to the plaintiff. [ 12 ] Since February 2023, the defendant has not made any payment with the consequence that the plaintiff had served to him a notice of repossession in accordance with

section 139 of the Consumer Protection Act [1] . [ 13 ] Mr. Cecil Lee did not remedy the default by paying the amount due. [ 14 ] So the plaintiff instituted an action to repossess the vehicle and to be declared as the sole owner. [ 15 ] The court concludes that proof has been made of the essential allegations of the demand and considering the absence of a defence.

[ 16 ] FOR THESE REASONS, THE COURT: [ 17 ] GRANTS plaintiff's originating application; [ 18 ] DECLARES good and valid the seizure before judgement of the vehicle more fully describe as follow: 2021, Ford F-150, bearing vehicle identification, number 1FTFW1E52MFB39200 [ 19 ] DECLARES the plaintiff's the sole owner of the vehicle; [ 20 ] Which legal costs . __________________________________ Jean-Pierre Gervais, J.C.Q. Mtre Yixin Liu SAVOIE JOUBERT, LL.P. Attorneys for the Plaintiff Mr. Joseph Cecil Lee Personally Date of hearing : August 24, 2023