2010 QCCQ 11937, 2010 QCCQ 11937

Ali c. Desjardins assurances générales 2010 QCCQ 11937 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF LAVAL TOWN OF LAVAL Civil Division No: 540-32-020970-099 DATE: December 20, 2010 ______________________________________________________________________ BY THE HONOURABLE JULIE MESSIER, J.C.Q. ______________________________________________________________________ JAMILA ALI -and- SALAH HOSEN Plaintiffs v.

DESJARDINS ASSURANCES GÉNÉRALES Defendant ______________________________________________________________________ JUDGMENT (Judgment rendered orally on December 20, 2010) ______________________________________________________________________ [ 1 ] For the reasons verbally enounced and duly registered [ 2 ] Plaintiff is asking to be covered for water damages and says, that even if it was a continuous leakage he should be covered, because he was not able to see it. This is not what is written in his insurance contract, it simply says no coverage for continues leakage.

There is no specification that the leakage must be in plain view not to be covered; therefore, it includes continuous leakages that you cannot see. [ 3 ] The Plaintiff did not make any proof to the Court with his video or otherwise that it was sudden leakage of water. [ 4 ] However, the Defendant showed with it's expert that with the type of damages that the floor had endured, this leakage had been going on for a long time, since the floor was totally degraded. FOR ALL THOSE REASONS, THE COURT: REJECTS the court case with costs. __________________________________ HON.

JULIE MESSIER, JCQ Date of hearing: December 20, 2010