2021 QCCQ 10724, 2021 QCCQ 10724

Gottesfeld c. Monsieur Drain inc. 2021 QCCQ 10724 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL "Civil Division" No: 500-32-708391-190 DATE: October 28, 2021 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ ARYEH GOTTESFELD Plaintiff v.

MONSIEUR DRAIN INC. and HOWARD COHEN Defendant ______________________________________________________________________ JUDGEMENT ______________________________________________________________________ [ 1 ] On December 7 2018, the Defendant company was repairing the sewer, water pipes and water main on the neighbouring property immediately next to Plaintiff’s property. [ 2 ] While the Defendant was digging from the neighbour’s house to the city line, a hole measuring approximately 12 feet by 8 feet deep, it hit the water supply pipe that connects Plaintiff’s house to the city water line as shown in the photograph [1] .

The damage occurred on a Friday around 10:30 in the morning. [ 3 ] After speaking to the city’s representative, the Defendant’s employee informed the Plaintiff that the water would be reconnected on Monday. [ 4 ] However, the Defendant was able to temporarily restore the water supply to Plaintiff’s house by Saturday night 11 o’clock. [ 5 ] The Plaintiff has eight children, his son Yitzchok is the seventh in line. The Plaintiff explains that his son was getting married in New York on December 12. [ 6 ] On the Friday December 7, during Sabbath, the Plaintiff was holding the pre-wedding ceremony.

On this occasion, the Plaintiff and his spouse, Ms Feldman, had planned that two of their sons, with their wives and their four children who live in the U.S.A, were staying at their house, including their youngest son and daughter. [ 7 ] As they had no water, Ms. Feldman had to carry water from the neighbour’s house, where the repairs were being done, which belongs to her sister and brother-in-law, in order for the family to be able to wash and use the toilet. [ 8 ] Mr. Anastatios Liakopoulos, Defendant’s representative, states that on the Friday, 5:30 P.M., he arrived at Plaintiff’s house, no one was home.

He was unable to connect a hose as the faucet was inside the house and he did not have access. [ 9 ] The Defendant Cohen adds that bottles of water were left on the Plaintiff’s porch. Also, according to the Plaintiff’s brother-in- law, the Plaintiff refused that work be done on his property during Sabbath. [ 10 ] Undoubtedly, an error was committed by the Defendant resulting in the sectioning of the Plaintiff’s water supply.

The question is, whether the Defendant acted reasonably in solving this problem. [ 11 ] Having been deprived of water, the Plaintiff claims damages of $4 942,51 for the inconvenience and stress suffered and $57,49 for the formal notice sent to the Defendant. [ 12 ] The Defendant cannot explain why, if the water line was broken Friday morning at 10:30, Defendant’s representative only arrived at Plaintiff’s house at 5:30 P.M., once the Sabbath had started and the Plaintiff and his family had left for the synagogue. [ 13 ] The Court also question why the water could only be temporarily reconnected on the Saturday at 11 P.M., when Ms.

Feldman confirms that she was home all day Friday and Saturday. [ 14 ] Without doubt, the Plaintiff and his family did suffer some inconvenience because of the lack of water. The Court estimates that a compensation of $1,000 is adequate under the circumstances. To this the Court adds the cost of the formal notice. The Plaintiff renounces to claim the interest. [ 15 ] There is no personal liability by the Defendant Cohen.

FOR THESE REASONS, THE COURT : GRANTS in part Plaintiff’s recourse; CONDEMNS the Defendant Monsieur Drain Inc., to pay to the Plaintiff the sum of $1 057,49 in capital. WITH COSTS in the amount of $103 representing the judicial stamp of the claim; DISMISSES Plaintiff’s recourse against the Defendant Howard Cohen without cost. ___________________________ DIANE QUENNEVILLE, J.C.Q .