2021 QCCQ 4274, 2021 QCCQ 4274

Ford Credit Canada Company c. Saab 2021 QCCQ 4274 COURT OF QUEBEC (Practice Division) CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-22-266361-214 DATE: May 4, 2021 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI, J.C.Q. ______________________________________________________________________ FORD CREDIT CANADA COMPANY Plaintiff v.

PASKAL SAAB Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the affidavit sworn March 18, 2021 by Plaintiff’s representative Helen Edmundson, and the affidavit sworn April 29, 2021 by Plaintiff’s representative Line Frennet; [ 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 April 24, 2019, the Defendant purchased from Yonge-Steeles Ford Lincoln Sales Ltd a 2019 model year Ford F-150 vehicle bearing vehicle identification number 1FTEW1E54KFB51924 (“Vehicle”) pursuant to a Retail Installment Contract (P-1) for a purchase price of $60,118.11 payable by 182 bi-weekly payments of $366.29; [ 5 ] WHEREAS on April 24, 2019, the vendor Yonge-Steeles Ford Lincoln Sales Ltd assigned its rights in the Vehicle and the Retail Installment Contract (P-1) to the Plaintiff under the terms of an assignment which appears in the contract; [ 6 ] WHEREAS on or about February 26, 2021, Plaintiff learned from the Canada Border Services Agency that the Vehicle was found in a marine container in the Port of Montréal ready for export and the Vehicle identification number had been falsified; [ 7 ] CONSIDERING that pursuant to articles 3148(3) and 3152 of the Civil Code of Québec , Québec authorities, and specifically the Court of Québec, has jurisdiction to hear this matter; [ 8 ] CONSIDERING that Defendant owes Plaintiff a balance of $47,025.69 under the Retail Installment Contract (P-1); [ 9 ] WHEREAS the attempt to export the Vehicle outside of Canada constitutes a breach under clause 4 of the terms and conditions of the Retail Installment Contract (P-1); [ 10 ] WHEREAS on March 22, 2021, Plaintiff exercised its right of revendication and seized before judgment the Vehicle at the Port of Montréal; [ 11 ] CONSIDERING that the Plaintiff has made proof of the essential allegations of its Demand; FOR THESE REASONS, THE COURT: [ 12 ] GRANTS Plaintiff’s Originating Application; [ 13 ] DECLARES good and valid the seizure before judgment of the Vehicle more fully described as follows:

2019 FORD F150 VEHICLE BEARING SERIAL NUMBER 1FTEW1E54KFB51924 [ 14 ] DECLARES the Plaintiff the sole owner of the Vehicle; [ 15 ] WITH LEGAL COSTS. __________________________________ ENRICO FORLINI, J.C.Q. Me François Joubert Savoie Joubert s.e.n.c.r.l. Plaintiff’s lawyer Defendant: absent and not represented Date of hearing: April 30, 2021