2023 QCCQ 1406, 2023 QCCQ 1406

Hassanijajini (Hamidreza Hassanijajini) c. City of Montreal 2023 QCCQ 1406 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUÉBE DISTRICT OF MONTRÉAL Civil Division No : 500-32-717444-220 DATE : March 28, 2023 ______________________________________________________________________ BY THE HONOURABLE EMMANUELLE SAUCIER, J.C.Q. ______________________________________________________________________ HAMIDREZA HASSANIJAJINI, Doing buiness under the name of Hamidreza Hassanijajini Plaintiff c. CITY OF MONTREAL Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 1.

SUMMARY 1.1. Litigation [ 1 ] Hamidreza Hassanijajini damaged his car and blames the City of Montreal’s ( City ) faulty installation of road signs. The City requests the dismissal of Plaintiff’s Application on the basis that Plaintiff failed to file the 15-day notice required by article 585 (2) of the Cities and Towns Act ( Act ) [1] and that he filed his Application after the limitation period of 6 months provided for in Article 585 (5) of said Act . 1.2. Issues to be determined [ 2 ] The Court has to determine the following issue: 1.

Did Plaintiff fail to send a notice to the clerk of the City 15 days after his accident? 2. ANALYSIS [ 3 ] Article 585 (2) and (4) of the Act [2] provides as follows:

(2) In case of any claim for damages to property, movable or immovable, a similar notice shall also be given to the clerk of the municipality, within 15 days, failing which the municipality shall not be liable for any damages, any provision of law to the contrary notwithstanding.

(4) The failure to give such notice shall not, however, deprive any victim of such accident of his right of action, if he prove that he was prevented from giving such notice for any reason deemed sufficient by the court or judge. […]. [ 4 ] The City asks the dismissal of Plaintiff’s Application on the basis that Plaintiff failed to send a 15 days notice to the clerk of the City from the date of such incident.

Plaintiff’s accident occurred on March 12, 2019, and he admits that he didn’t send such notice within 15 days from such accident. [ 5 ] Plaintiff explains that he wasn’t aware that he had to send such notice to the City within 15 days from his accident. [ 6 ] The Court has to examine whether Plaintiff proved that he was prevented from sending such notice for any reason deemed sufficient by the Court. [ 7 ] Plaintiff argues that he was prevented from filing such notice as he was waiting to receive from the Municipal Court his acquittal judgment on the infraction that he received the date of the accident for failure to stop his vehicle facing a red light. [ 8 ] In fact, the proof reveals that he sent a notice to the City on May 25, 2021, shortly after having received such Municipal Court judgment. [ 9 ] The Court concludes that Plaintiff did not meet his burden of proving that he was prevented from sending such notice for a sufficient reason.

The ignorance of the law cannot justify the absence of action by Plaintiff in due time.

[ 10 ] The Court dismisses his Application against the City. [ 11 ] In any event, Article 585 (5) of the Act provides that “No action in damages shall lie unless such action be instituted within six months after the day on which the accident happened, or the right of action accrued. [3] ” [ 12 ] Plaintiff’s Application was filed on March 14, 2022, and his accident occurred on March 12, 2019, therefore more than three years later and more than 6 months from the date at which he was made aware of his acquittal. [ 13 ] He, therefore, failed to file his application on time.

His Application is prescribed against the City of Montreal [4] . FOR THESE REASONS, THE COURT: GRANTS the City of Montreal’s request to dismiss the Application . DISMISSES Hamidreza Hassanijanini’s Application against the City of Montreal WITHOUT legal costs. __________________________________ EMMANUELLE SAUCIER, J.C.Q. Date of hearing: March 20 2023