2013 QCCQ 10058, 2013 QCCQ 10058

Sahadeo c. Société de l'assurance automobile du Québec 2013 QCCQ 10058 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL TOWN OF MONTRÉAL Civil Division No: 500-80-026241-134 DATE: August 7, 2013 ______________________________________________________________________ BY THE HONOURABLE SUZANNE HANDMAN, J.C.Q. ______________________________________________________________________ KARI-ANN SAHADEO Plaintiff v.

SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Considering that Kari-Ann Sahadeo (Sahadeo) presented a motion to the Court requesting that her vehicle, a Hyundai Elantra, be released from the seizure that took place on July 31, 2013; [ 2 ] Considering

section 209.11 of the Highway Safety Code which states: The owner of a road vehicle may, on the authorization of a judge of the Court of Quebec, acting in chambers in civil matters, recover his vehicle… (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. [ 3 ] Considering that, at the time of seizure, George Quaid (Quaid) was driving Sahadeo’s car; [ 4 ] Considering that Sahadeo and Quaid live together; [ 5 ] Considering that this is not the first time Sahadeo allowed Quaid to drive her car; [ 6 ] Considering that Quaid was driving without a valid drivers’ licence and, in addition, his right to obtain one was suspended; [ 7 ] Considering that Quaid’s licence expired in 2012; [ 8 ] Considering that Sahadeo alleged, in her motion, that she was unaware that Quaid was disqualified to drive although she had carried out a reasonable attempt to verify the information; [ 9 ] Considering that Sahadeo testified that her verification consisted of examining Quaid’s driving licence; [ 10 ] Considering that Quaid declared he had not obtained a new drivers’ license since it expired and admitted that he no longer holds

a valid drivers’ licence [1] ; [ 11 ] Considering that Sahadeo subsequently acknowledged she was aware that Quaid had not renewed his drivers’ licence; [ 12 ] Considering that the Court only has jurisdiction to lift the seizure in the circumstances set out in

section 209.11 of the Highway Safety Code (HSC); [ 13 ] Considering that the Court does not have jurisdiction to grant the release from seizure of a vehicle when the driver has driven without a licence; [ 14 ] Considering that Sahadeo knew Quaid was driving without a licence; [ 15 ] Considering that Sahadeo has not established that she meets the conditions set out in

section 209.11 HSC to obtain a release from the seizure of her vehicle [2] ; FOR THESE REASONS, THE COURT: DISMISSES the motion; THE WHOLE , without costs. __________________________________ SUZANNE HANDMAN, J.C.Q. Mrs. Kari-Ann Sahadeo Personal appearance Stéphanie Perron (stagiaire en droit) Dussault, Mayrand For Defendant Date of hearing: August 6, 2013