In November 2018, Yves Germain is in line to fill up with gas at a Costco in the Montreal area. He’s been waiting for his turn for about thirty minutes.
Youssef Fraikech is also waiting in line, but realizes that he is on the wrong side of the gas pump. He therefore tries to correct his mistake by trying to get in front of Germain, in the next lane, by activating his indicator.
“The defendant then became angry and decided to physically attack him for having passed him,” wrote judge Brigitte Gouin in her judgment, in the small claims division.
Germain then gets out of his vehicle to head towards Fraikech’s car, whose window is down. He inserts his hands into the vehicle to grab it by the collar.
According to Fraikech, the fifty-year-old shook him, in addition to delivering several blows to his jaw and shoulders. To defend himself, the victim pushes Germain away with both hands.
A Costco employee then intervened between the two men to end the altercation. The police were immediately called to the scene, but Germain filled up with gas and left the parking lot before they arrived.
Fraikech appears “very shaken” by the events.
Accusations
An accident report was completed by the Montreal police, then charges of assault causing injury were filed against Germain.
In September 2020, the fifty-year-old was found guilty in Municipal Court. He was later granted a conditional discharge on several hours of community service and good behavior.
-Following this conviction, Fraikech sent a formal notice to his attacker in November 2022; he is seeking damages for the injuries suffered. The request is contested by Germain.
Fraikech is seeking $15,000 in damages for disturbances and inconveniences. He says he suffered trauma, loss of income and several injuries: cervical lesions, whiplash, muscle spasms, medical physiotherapy treatment. The man also says he suffered enormous emotional and psychological harm after the incident.
Medical evidence is provided to the court, in order to substantiate all the victim’s allegations.
Germain, for his part, maintains that he “never touched” Fraikech. He judges that the prosecution is abusive, without justification. The accused in turn claims 5,000 dollars in damages. According to him, Fraikech never suffered any damage or after-effects.
“The Court is of the opinion that the prosecution of Fraikech, a direct consequence of the criminal acts committed by Germain, is far from being frivolous, on the contrary,” writes Judge Gouin.
She believes that the victim has proven the presence of harm. The court does not even need to look into the events, as Germain has already been found guilty for these same facts before the Montreal Municipal Court. The fault therefore automatically falls to him.
The final decision was made in December 2024; Germain will therefore have to pay $15,000 to his victim. In addition, Judge Gouin rejects Germain’s request for abusive prosecution, as it is ill-founded.
