2020 QCCQ 1947, 2020 QCCQ 1947
Opinion
Isaac c. Société de l'assurance automobile du Québec (SAAQ) 2020 QCCQ 1947 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF GASPÉ LOCALITÉ DE PERCÉ « Civil Division » N° : 110-80-000194-208 DATE : 21 mai 2020 PRESIDED BY : JUDGE RICHARD CÔTÉ, C.Q. AURELE ISAAC Plaintif c. SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC (SAAQ) Defendant JUDGMENT [ 1 ] Mr. Aurele Isaac requested the release of his motor vehicle in accordance with
section 209.11 of the Code de la sécurité routière. [ 2 ] The evidence indicates that on March 30, 2020, Mr. Isaac received a notice of penalty from the SAAQ for non-payment of a fine. The document mentions that as of March 27, 2020, his driver's licence will be suspended unless the fine is paid and his file is regularized. [ 3 ] The applicant was intercepted on May 9, 2020, and his vehicle was seized because the suspension of his driver's licence was still in force. [ 4 ] The applicant testified that the fine that gave rise to the notice was paid on March 31 of this year.
He filed a receipt confirming payment. [ 5 ] It seems that, due to an error in the file number, the SAAQ was not informed of the payment. [ 6 ] The applicant proved that he was unaware on May 8 that his driver’s licence suspension was still in force. [ 7 ] The application should therefore be granted. FOR THESE REASONS, THE TRIBUNAL: [ 8 ] GRANTS the application; [ 9 ] ORDERS the release of the Applicant's vehicle seized on May 9, 2020 in the present case.
Signed May 21, 2020 __________________________________ RICHARD CÔTÉ, J.C.Q. Me Louis Bruneau GAUTHIER, JACQUES & DUSSAULT, LEGAL AFFAIRS - SAAQ Counsel for the Respondent Hearing date: May 21, 2020
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