2019 QCCQ 3819, 2019 QCCQ 3819

Kealy c.

Hydro-Québec 2019 QCCQ 3819 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-32-024294-180 DATE: June 18, 2019 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN ______________________________________________________________________ ALBERT KEALY (Gatineau Valley Land Owner) Plaintiff vs HYDRO-QUEBEC and CAISSE POPULAIRE DESJARDINS DE GRACEFIELD and MAUREEN RICE Defendants ______________________________________________________________________ ORAL JUDGMENT GIVEN AT THE HEARING AND EDITED ______________________________________________________________________ FOR THE MOTION FOR REVOCATION OF A JUDGMENT BY THE PLAINTIFF ALBERT KEALY [ 1 ] Judge Faullem looked at that motion and he granted the motion and suspend the execution and he ordered the Court Officer to send a notice to the parties and to hear on the revocation and on the present originating judicial demand.

Considering the grounds and the evidence, the Court accepts the grounds for revocation of the judgment. CONCERNING THE ORIGINATING JUDICIAL DEMAND [ 2 ] M. Kealy is suing Hydro-Québec, Caisse populaire Desjardins and Maureen Rice because the Caisse sent a declaration of a third party following a seizure in a third hand of an account at the Caisse populaire of Gracefield which said: «madame a un compte à la Caisse de Gracefield, il est conjoint et le solde est de 9 461,72 $» [ 3 ] The inscription for judgment, done by Hydro-Québec’s was served to mrs. Maureen Rice and Caisse populaire Desjardins.

[ 4 ] Mr. Kealy testified that the account was originally opened in 2010 and he produced statements of accounts on which we see that the count was addressed Mrs. Cora Zorn, Gatineau Valley Land Owner. [ 5 ] Mr. Kealy said that the Caisse never informed him about that seizure in third hand of the account of the Association. Even though, the account was opened for that Association and even though, three persons could sign cheques of that account: Mr. Zorn, Mr. Kealy and Mrs. Rice. Also, they need two signatures to issue a cheque. [ 6 ] The Court agrees with Mr.

Kealy that the Caisse did wrongful the declaration and did a wrongful act when she did not inform the other representatives of Gatineau Valley Land Owner of that seizure in third hand. [ 7 ] Also, the Court agrees with Mr. Kealy that Mrs. Rice is wrongful because it’s never informed him, neither his wife, Mrs. Cora Zorn, of that seizure neither the judgment. [ 8 ] Finally, the money of the Association serve to pay a judgment that Hydro-Québec had against Mrs. Rice. The Court agrees with Mr.

Kealy that the Caisse committed a fault and it’s responsible for the loss of the Association. [ 9 ] Concerning Hydro-Québec, the Court doesn't see any fault of them. [ 10 ] The originating judicial demand against Hydro-Québec is not founded. [ 11 ] Hydro-Québec agrees that the Court can reject that the original judicial demand without judicial fees.

FOR ALL THOSE GROUNDS, THE COURT [ 12 ] GRANT partially this originating judicial demand; [ 13 ] CONDEMN the defendants, Caisse populaire Desjardins de Gracefield and Maureen Rice, jointly, to pay the plaintiff the sum of 9 461.72 $ with the interest set at the legal rate and the legal indemnity provided by

section 1619 of Quebec Civil Code , from the time this original judicial demand was noticed to the defendants, with the judicial fees 170.00 $; [ 14 ] REJECT the original judicial demand against defendant Hydro-Québec without judicial fees . __________________________________ SERGE LAURIN, J.C.Q. Date of hearing: May 14 th , 2019