Applicant
Respondent
- Parties: The applicant was the Banque Nationale du Canada. The respondent was the Succession de Fraser.
- Subject Matter: On Feb. 12, 2021, the late Mario Fraser and a dealer entered into an installment sale contract involving a 2015 Tesla S85D with the serial number 5YJSA1H27FF080375. The contract specifically provided for a retention of title in the dealer’s favour, with the applicant being the assignee. The weekly payments due under the agreement ceased after Fraser died on June 28, 2022. On Apr. 10, 2024, the bank filed an application to institute proceedings. The bank wanted to be declared the vehicle’s owner. The bank alleged that no one claimed the vehicle and that it was unable to identify Fraser’s heirs. As of Sept. 16, 2024, the debt amounted to $59,733.95.
- Ruling: The court ruled in the applicant’s favour, granted its request, and declared it the sole and exclusive owner of the motor vehicle. The court noted that the bank produced a sworn statement dated Sept. 20, 2024, which attested to the truth of the facts alleged in the bank’s amended application to institute proceedings and the amount of the debt, as reflected in a statement of account dated Sept. 16, 2024. The court concluded that the bank was able to prove that its application was well-founded.
- Date: The court released its decision on Nov. 8, 2024.
- Venue: This was a case before the Court of Quebec.
- Amount: The court awarded no legal costs.
Court
Court of QuebecCase Number
500-22-282472-243Practice Area
Corporate & commercial lawAmount
$ 0Winner
ApplicantTrial Start Date
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