2023 QCCQ 7208, 2023 QCCQ 7208

Royer c. Thibeault 2023 QCCQ 7208 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF SAINT-FRANÇOIS TOWN OF SHERBROOKE Civil Division No: 450-32-701820-219 DATE: October 5 th , 2023 ______________________________________________________________________ BY THE HONOURABLE SOPHIE LAPIERRE, J.C.Q. ______________________________________________________________________ JEFFREY ROYER Applicant v. MONIQUE-PATRICIA THIBEAULT Defendant and CLICHE AUTO FORD THETFORD INC.

Forced impleaded party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr. Jeffrey Royer bought an old Dodge Magnum that looked fine at first glance. A short road test produced a loud noise, so he asked permission to have it inspected by his mechanic. The gentleman who acted for the vendor refused. Mr. Royer proceeded with the purchase. [ 2 ] A few days later, Mr. Royer drove the car to his mechanic but could not reach his destination. A part of the frame fell on the road.

The car was towed to the garage and put on a lift. Mr. Royer saw that it was completely rusted and could not be put back on the road. [ 3 ] Since the car was officially registered under Mrs. Monique-Patricia Thibeault’s name, Mr. Royer called her. She and another man, Mr. François Côté, refused to take any responsibility for the car. [ 4 ] Mr. Royer asks the Court that he be reimbursed and compensated for his troubles. [ 5 ] Mrs. Thibeault pleads that she acted as an undisclosed mandatory for Mr. Côté.

She is suing Cliche Auto Ford Thetford Inc. (Ford) who sold the car in the first place, alleging that it is responsible for the poor state of the car. *** [ 6 ] Evidence reveals that Mr. Côté is the real vendor of the car. He explains that he uses people’s names for his car dealing business because he does not own a driver’s licence and therefore cannot register cars under his name. [ 7 ] Mr. Côté admits that he knew the car was rotten with rust. This crucial information was not disclosed on the advertisement on Marketplace. Mr. Côté puts the blame on his employee, Mr.

Jonathan Dorion. [ 8 ] The Court believes that Mr. Royer acted reasonably regarding the purchase of the car. He examined the car but was unable to look under it. The car looked nice considering its age and milage. He was reassured by Mr. Dorion that everything was fine except for a

part in the front of the vehicle which could be repaired for about $140. He new he had to make repairs on the car but could not anticipate the rotten frame. [ 9 ] The Civil Code of Québec gives the right to a third party of good faith to act upon an apparent legal situation. The documents from the SAAQ showed that Mrs. Thibeault was the owner of the car. Thus, Mr. Royer has the right to sue her even if Mr. Côté is the real vendor of the car [1] . Mr. Royer had no clue as to who was Mr. Côté with whom he had no interaction at the time of the purchase.

[ 10 ] As a vendor, Mrs. Thibeault is bound by the legal warranty of quality and by the representations of the apparent mandatory, Mr. Dorion [2] , the gentleman acting for the vendor. [ 11 ] Consequently, Mr. Royer is entitled to a reduction of the price of the sale. He cannot be totally reimbursed of the price he paid since he cannot give the car back. He sold it for a $100. [ 12 ] The Court sets the indemnity at $1,700 [3] . [ 13 ] Mrs. Thibeault did not know anything about the car.

Thus, she is not responsible for anything other than the reduction of the price of the sale [4] . [ 14 ] Ford, a professional seller, sold the car a few days prior to the transaction with Mr. Royer. Mrs. Véronic Jacques, one of the owners, testifies that she verified on the Enterprise register and saw that Mrs. Thibeault was a car wholesaler so Ford could sell the car without any warranty. Her testimony is contradicted by the documents from the register. Ford sold the car on September 9 th , 2021, and the registration date of Mrs.

Thibeault as a car wholesaler under the name Les entreprises RC on the register is September 15 th , 2021. [ 15 ] The documents from the Enterprise register do not show any link with Mr. Côté who dealt with Mrs. Jacques and Ford. It seems that Mrs. Jacques did not verify the identity of Mr. Côté and his right to act on Mrs. Thibeault’s behalf. [ 16 ] The Court concludes that Ford sold the car to an individual person, Mrs. Thibeault, and could not sell it without knowing that it was irremediably rusted, or at least, that it should have known. [ 17 ] Consequently, Ford must bear Mrs.

Thibeault’s legal responsibility towards Mr. Royer. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS in part the introductive demand; [ 19 ] CONDEMNS Mrs. Monique-Patricia Thibeault to pay to Mr. Jeffrey Royer, the amount of $1,700 with legal interest and additional indemnity provided under

section 1619 of the Civil Code of Québec as of September 22 nd , 2021, date of reception of the legal notice; [ 20 ] CONDEMNS Mrs. Monique-Patricia Thibeault to judicial costs; [ 21 ] GRANTS in part the forced intervention; [ 22 ] CONDEMNS Cliche Auto Ford Thetford Inc. to pay to Mrs. Monique-Patricia Thibeault, the amount of $1,700 with legal interest and additional indemnity provided under

section 1619 of the Civil Code of Québec as of June 16 th , 2023, date of the summons; [ 23 ] CONDEMNS Cliche Auto Ford Thetford Inc. to judicial costs. __________________________________ SOPHIE LAPIERRE , J.C.Q. Date of hearing: October 5 th , 2023