2022 QCCQ 189, 2022 QCCQ 189

Rochester c. Tours du Parc Westmount inc. 2022 QCCQ 189 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-707627-180 DATE : January 13, 2022 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ RICHARD ROCHESTER Plaintiff c. LES TOURS DU PARC WESTMOUNT INC. and SERVICE DE GESTION PHOENIX INC . and LE SYNDICAT DES COPROPRIÉTAIRES DE LES TOURS DU PARC WESTMOUNT INC.

Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiff claims the bodily injuries suffered resulting from a fall in the common area, mainly the main entrance of Les tours du Parc Westmount Inc. ( Les tours ). [ 2 ] The Defendants argue that they committed no fault, it was simply an accident due to the misstep by the Plaintiff. [ 3 ] The events can be summarized as follows. [ 4 ] The Plaintiff is a co-owner who has resided in Les tours for the past 20 years. [ 5 ] He states that on December 15, 2017, he got out of his car, took his walker and came into the main lobby.

The doorman opened the door and the Plaintiff continued into the inner lobby, where he tripped, fell on his knees, his walker pushed ahead. [ 6 ] He attributes the fall to the mat placed over the carpet, creating a raised ridge, which had never been there before. [ 7 ] He suffered bodily injuries, having to spend 19 days hospitalized, followed by another 16 days in rehabilitation. [ 8 ] Prior to this accident, he was physically active but he is now more diminished, having to use a walker all the time. [ 9 ] The Plaintiff claims damages in the amount of $15,000, $7,500 as permanent disability, $3,000 for loss of enjoyment of life, $2,500 for pecuniary loss and $2,000 for pain and inconvenience. [ 10 ] The Defendant presents an entirely different set of facts. [ 11 ] Mr.

Francois Blouin, who is the doorman at Les tours, has been employed by the Defendant from February 2015 to March 2020. [ 12 ] On the day the Plaintiff suffered his injuries, Mr. Blouin was on service. [ 13 ] Contrary to what the Plaintiff states, he did not enter the lobby from the outside, but was coming from his condo in order to retrieve his mail. [ 14 ] Mr. Blouin refers the Court to a sketch prepared by the Defendant's supervisor, Jean Denis D’Anjou [1] to show the arrangement of the entrance, hall, inner lobby, elevator and a small room where the mailboxes are located. [ 15 ] Firstly, Mr.

Blouin, confirms that the carpets installed in the winter are the same since 2015. No modification was made to these carpets, which testimony is also confirmed by Mr. D’Anjou. [ 16 ] The floor is covered in part by marble and in part by a carpet over which an additional carpet is installed in November, in the

inner lobby. [ 17 ] Mr. D’Anjou states that once off the elevator, 15 steps are required to reach the lobby doors leading to the hall, from the doors of the hall to the lobby another 15 steps are required and from there 6 or 7 steps to reach the mailroom. [ 18 ] On the day of the incident, Mr. Blouin recounts that the Plaintiff left his walker in the hall and went to his mailbox by taking support on the walls. [ 19 ] Once he retrieved his mail, he walked towards Mr. Blouin to see if he had any mail to give him.

Again, the Plaintiff walked without his walker there is where he tripped and fell on his knees. [ 20 ] The testimony of both Messer’s Blouin and D’Anjou were not contradicted by the Plaintiff and the Court prefers these testimonies to the Plaintiff’s. [ 21 ] The Plaintiff did not succeed in convincing the Court that a trap was created by the carpet or that this was the cause of the fall. [ 22 ] The Court preferred the testimony of Mr. Blouin who confirms that the fall was an accident when Plaintiff’s knees buckled under him.

FOR THESE REASONS, THE COURT: DISMISSES the Plaintiff’s recourse against all of the Defendants; WITH COSTS in the amount of $308 representing the judicial stamp of the Contestation of the Defendants Service de gestion Phoenix and Le Syndicat des copropriétaires de Les tours du Parc Westmount Inc.; DISMISSES the intervention by Intact compagnie d’assurance without cost. ________________________ DIANE QUENNEVILLE, J.C.Q.