2021 QCCQ 8269, 2021 QCCQ 8269

Markoulias c. Autos Plus J.F. Hamel inc. 2021 QCCQ 8269 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF LAVAL TOWN OF LAVAL Civil Division No: 540-32-702331-198 DATE: September 7, 2021 ______________________________________________________________________ BY THE HONOURABLE JULIE MESSIER, J.Q.C. ______________________________________________________________________ ANTONIOS MARKOULIAS Plaintiff v. AUTOS PLUS J.F. HAMEL INC.

And HONDA CANADA Defendants ______________________________________________________________________ JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff has discovered the problem in 2009, and testify that since that year the Defendants have refused to honour their obligations. [ 2 ]

Article 2925 of the Code of civil procedure edicts that a person has 3 years from the date he knew about a potential claim to open a file into court. In this case, the file was opened in 2019, 10 years after the Plaintiff has known of his paint problem. [ 3 ] Therefore it is prescribed, and on that basis the claim is rejected with judicial fees. FOR THESE REASONS, THE COURT: REJECTS the demand with fees. __________________________________ JULIE MESSIER, J.Q.C. Date of hearing: July 27, 2021