2021 QCCQ 1321, 2021 QCCQ 1321

Sherman c. Ville de Montréal 2021 QCCQ 1321 COURT OF QUEBEC “ Small Claims Division “ CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL “ Civil Division “ No: 500-32-159376-187 DATE: February 17, 2021 ______________________________________________________________________ BY THE HONOURABLE STÉPHANE DAVIGNON, J.C.Q. ______________________________________________________________________ SONDRA SHERMAN Plaintiff v.

VILLE DE MONTRÉAL et SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC Defendants ______________________________________________________________________ JUDGMENT ON A REQUEST FOR STAY OF PROCEEDING ______________________________________________________________________ [ 1 ] Ms. Sondra Sherman has filed a law suit against the City of Montréal (the “ City ”) claiming that she suffered bodily damage, notable injury to her leg and knee, when she stepped on a broken manhole cover and fell partly through.

She claims $15,000 in damages from the City, which includes pecuniary and non-pecuniary damages. [ 2 ] In its contestation, the City is alleging that it did not cause any injury to Ms. Sherman by its fault and that therefore, it should not be held responsible to pay any amount in damages to her. [ 3 ] Moreover, the City filed a request to force the intervention of the Société d’Assurance Automobile du Québec (“ SAAQ ”) given Ms.

Sherman’s allegation that when she stepped on the broken manhole, she was putting a parcel in the trunk of her car then parked on the street, a situation which it claims is equivalent to an injury caused by the use of an automobile, as provided by

Article 1 of the A utomobile Insurance Act (the “AIA”) [1] . 1.

Damage caused by an automobile ” means any damage caused by an automobile, by the use thereof or by the load carried in or on an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load and injury or damage caused to a person or property by reason of an action performed by that person in connection with the maintenance, repair, alteration or improvement of an automobile [ 4 ] Without prejudice to its means of contestation, the SAAQ is requesting a stay of the proceeding to allow Ms.

Sherman to file a request for compensation according to the AIA and then to decide whether she is illegible to receive an indemnity provided for by the law. [ 5 ] Ms. Sherman contests the intervention of the SAAQ and alleges that her fall had nothing to do with her car but that it’s rather strictly attributable to the City’s negligence. [ 6 ] According to

article 49 of the Code of civil procedure , the courts and judges have all the powers necessary to exercise their jurisdiction and they may make such orders to deal with different situations which no solution is specifically provided by the law. This includes orders to stay proceedings should it be deemed appropriate for the proper administration of justice [2] . [ 7 ] Given the broad scope of the AIA and the public indemnification regime that it provides for and given that the SAAQ is ready to receive and evaluate the admissibility of a claim from Ms.

Sherman, the Court concludes that it should stay the proceeding, but for a limited period not exceeding 90 days, to allow Ms. Sherman to file her request with the SAAQ within 30 days and for the SAAQ to make its decision within the remaining time. FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the application for stay of proceeding from the Société d’Assurance Automobile du Québec; [ 9 ] ORDERS the stay of the proceeding for a period of 90 days ending on May 18, 2021; [ 10 ] AUTORIZES Ms.

Sherman to file a request for compensation with the Société d’Assurance Automobile du Québec within 30 days following the reception of the present judgement. [ 11 ] ORDERS that the parties inform the Court by letter should there be a settlement of the case pending the stay of proceeding. [ 12 ] The whole , without legal costs.

__________________________________ STÉPHANE DAVIGNON, J.C.Q.