2021 QCCQ 4273, 2021 QCCQ 4273

Oakville Chrysler Dodge Jeep RAM Ltd. c. Doe 2021 QCCQ 4273 COURT OF QUEBEC (Practice Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-22-265595-218 DATE: April 29, 2021 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI, J.C.Q. ______________________________________________________________________ OAKVILLE CHRYSLER DODGE JEEP RAM LTD. Plaintiff v.

JOHN DOE, who seemingly impersonated a certain ADRIANO MAZZAFERRO Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the affidavit sworn April 23, 2021, by Plaintiff’s representative, Karen Gringmuth; [ 2 ] CONSIDERING Defendant’s failure to answer the summons and the inscription setting the case down for judgment; [ 3 ] CONSIDERING the Ministerial Order number 2020-4380 dated December 9, 2020; [ 4 ] WHEREAS on September 2, 2020, the Defendant, presenting himself as Adriano Mazzaferro, purchased from Plaintiff a 2020 model year RAM 1500 vehicle bearing vehicle identification number 1C6SRFLT6LN413515 (‘’ Vehicle ’’) pursuant to a Vehicle Purchase Agreement (P-1) which was to be financed through a Conditional Sale Contract to be assigned to TD Auto Finance (Canada) Inc. for a purchase price of $82,676.05 payable by 181 bimonthly payments of $451.59 over an 84 month loan; [ 5 ] WHEREAS shortly after entering into these agreements, Plaintiff delivered the Vehicle to the alleged Adriano Mazzaferro; [ 6 ] WHEREAS subsequent to the delivery of the Vehicle, Plaintiff and TD Auto Finance (Canada) Inc. discovered that the Defendant passed himself off as Mr.

Mazzaferro and that the latter was a victim of identity theft, and that likewise, Plaintiff was a collateral victim of this fraudulent conduct; [ 7 ] CONSIDERING that when it discovered the fraudulent conduct of the Defendant, TD Auto Finance (Canada) Inc. refused to accept the assignment of the Conditional Sale Contract, and therefore Plaintiff remains to this day the sole owner in title of the Vehicle until fully paid as per the security and title clause of the Conditional Sale Contract (P-2); [ 8 ] WHEREAS in October 2020, Plaintiff discovered that the Vehicle was found in the Port of Montréal ready for export; [ 9 ] CONSIDERING that Mr.

Mazzaferro was a victim of identity theft and considering that the Defendant committed fraud, Plaintiff’s consent to the Vehicle Purchase Agreement (P-1) and the Conditional Sale Contract (P-2) was vitiated; [ 10 ] WHEREAS Plaintiff never received of the payments that were required to be paid by the Defendant under the Conditional Sale Contract; [ 11 ] WHEREAS the attempt to export the Vehicle outside of Canada constitutes a breach under the terms and conditions of the Conditional Sale Contract (P-2); [ 12 ] WHEREAS on or about February 11, 2021, Plaintiff exercised its right of revendication and seized before judgment the Vehicle; [ 13 ] CONSIDERING that the Plaintiff has made proof of the essential allegations of its Demand and is entitled to the cancellation of the Vehicle Purchase Agreement dated September 2, 2020 and the Conditional Sale Contract entered into on the same date; FOR THESE REASONS, THE COURT: [ 14 ] GRANTS Plaintiff’s Originating Application; [ 15 ] DECLARES good and valid the seizure before judgment of the Vehicle more fully described as follows:

2020 RAM 1500 VEHICLE BEARING SERIAL NUMBER 1C6SRFLT6LN413515 [ 16 ] CANCELS the Vehicle Purchase Agreement dated September 2 nd , 2020 (P-1) and the Conditional Sale Contract dated September 2 nd , 2020 (P-2); [ 17 ] DECLARES the Plaintiff the sole owner of the Vehicle; [ 18 ] WITH LEGAL COSTS. __________________________________ ENRICO FORLINI, J.C.Q. Mtre François Joubert Savoie Joubert s.e.n.c.r.l. Plaintiff’s lawyer Defendant: absent and not represented Date of hearing: April 28, 2021