9018-8038 Québec inc. c. Desjardins Assurances 2022 QCCQ 247 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-160193-191 DATE : January 31, 2022 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ 9018-8038 QUÉBEC INC. Plaintiff c.

DESJARDINS ASSURANCES Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the value of his vehicle, insured by the Defendant, involved in a collision. [ 2 ] The Defendant offered to pay to the Plaintiff the value it estimated, which offer was refused. [ 3 ] This matter proceeded before the undersigned on November 3, 2021, at which hearing the parties admitted that two offers were submitted by the Defendant to the Plaintiff to compensate for the damages sustained to Plaintiff’s vehicle. [ 4 ] Initially, an offer of $1,814 was made by the Defendant to the Plaintiff, which was refused by the latter. [ 5 ] Subsequently, the evidence provided by the Defendant showed that the cost of the repairs came to $6,441.33.

In accordance with sections 2.2.1 and 2.2. of the general conditions in the insurance policy, the Defendant could refuse to incur these expenses and pay to the Plaintiff the value of the vehicle. [ 6 ] This value was then determined by the Defendant to be $2,658.

It offered to pay to the Plaintiff an amount of $3,000, on the condition that the vehicle be inspected by the SAAQ and that a copy of the registration bearing the mention vehicule reconstruit - VGA be provided. [ 7 ] The Court stipulated that the Plaintiff had until December 17, 2021, to submit this document, failing which Plaintiff’s claim would be dismissed. [ 8 ] No such document was provided by the Plaintiff, therefore the Court cannot condemn the Defendant to pay to the Plaintiff the sum of $3,000.

Moreover, as the Defendant’s offer of $1,814 was rejected by the Plaintiff, no transaction was concluded between the parties and this offer was not reiterated by the Defendant. FOR THESE REASONS, THE COURT: DISMISSES Plaintiff’s recourse; WITH COSTS in the amount of $256 representing the judicial stamp of the Contestation. ________________________ DIANE QUENNEVILLE, J.C.Q.