2017 QCCQ 7085, 2017 QCCQ 7085
Opinion
McGie c. Société de l'assurance automobile du Québec 2017 QCCQ 7085 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF LOCALITY OF BONAVENTURE NEW CARLISLE « Civil division » No : 105-80-000103-175 DATE : June 8, 2017 ______________________________________________________________________ BY THE HONOURABLE MICHEL PARENT, J.C.Q. (JP 1546) ______________________________________________________________________ ELSIE MCGIE Petitioner c.
SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC Respondent ______________________________________________________________________ JUDGMENT ON A MOTION FOR RELEASE OF A ROAD VEHICLE FROM SEIZURE (Section 209.11 H.S.C.) ______________________________________________________________________ [ 1 ] Mrs Elsie Mcgie asks the Court that her vehicle be released from seizure. [ 2 ] On May 29, 2017, Mrs Mcgie’s vehicle is seized because her son, who is the driver, doesn’t hold licence of the class required to drive the vehicle. [ 3 ] Mrs Mcgie testifies that, on May 29, she lent car to her son, Justin Chapados.
She assumed that he had a valid driver's licence. [ 4 ]
Section 209.11 of the Highway safety code reads as follows: 209.11 The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in
section 209.15, (1) if, being the driver of the vehicle, the owner was unaware that he was disqualified; or; (2) if, not being the driver of the vehicle, the owner (
a) was unaware that the driver he allowed to drive his vehicle was disqualified or did not hold a licence of the class required to drive the vehicle, even though he had made a reasonable attempt to verify the information ; (
b) had not consented to the driver being in possession of the vehicle seized; […] [ 5 ] Mrs Mcgie testifies that she had not made a reasonable attempt to verify that her son was holding a licence of the class required to drive the vehicle on May 29, 2017. WHEREFORE, THE COURT :
DENIES the motion. __________________________________ MICHEL PARENT, j.c.q. Mrs Elsie Mcgie, personally Date of hearing: June 8, 2017
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