2014 QCCQ 4647, 2014 QCCQ 4647

Kruse c. Société de l'assurance automobile du Québec 2014 QCCQ 4647 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF BONAVENTURE « Civil division » No : 105-80-000085-141 DATE : June 4, 2014 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ ERIC KRUSE Driver's licence : […] Petitioner c.

SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC Respondent ______________________________________________________________________ JUDGMENT ON A MOTION FOR RELEASE OF A ROAD VEHICLE FROM SEIZURE (Section 209.11 H.S.C.) ______________________________________________________________________ [ 1 ] Eric Kruse asks the Court that his vehicle be released from seizure. The SAAQ objects to the motion. [ 2 ] On May 22, 2014, Mr. Kruse's vehicle is involved in an accident. Evelyn Ross is driving the car at that moment and since she is under a sanction following

section 209.2 of the Highway safety code, the vehicle is seized. [ 3 ] Mr Kruse testifies that, on May 22, he lent his car to Mr Astles, who is a friend of his. He knows that Mrs Ross lives with Mr Astles. Moreover, he has known her for a long time, she once was his girlfriend and he says he had problems with her in the past. He knows that she does not have a valid driver's licence. [ 4 ] However, Mr Kruse says he did not lend his car to Mrs Ross. He told Mr Astles that nobody else was supposed to take the car. [ 5 ]

Section 209.11 of the Highway safety code reads as follows: 209.11 The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in

section 209.15, (1) if, being the driver of the vehicle, the owner was unaware that he was disqualified; or; (2) if, not being the driver of the vehicle, the owner (

a) was unaware that the driver he allowed to drive his vehicle was disqualified or did not hold a licence of the class required to drive the vehicle, even though he had made a reasonable attempt to verify the information;

(

b) had not consented to the driver being in possession of the vehicle seized; […] [ 6 ] In the present case, the Court believes that Mr Kruse had not consented to Mrs Ross driving his car. Since he never authorized her to take his vehicle, he did not have the verify if she hold a licence.

WHEREFORE, THE COURT : [ 7 ] GRANTS the motion; [ 8 ] AUTHORIZES the petitioner to recover the road vehicle, 2002 Chrysler Intrepid, bearing plate number M20 GBX which was seized on May 22, 2014, on payment of the cost of impounding and towing fixed by the custodian. __________________________________ JANICK POIRIER Judge of the Court of Quebec Mr Eric Kruse, personally M. Patrick Snider-Belley, law clerk Dussaut, Mayrand for the SAAQ Date of hearing: June 3, 2014