2015 QCCQ 6603, 2015 QCCQ 6603

Montagano c. Libraty 2015 QCCQ 6603 JP 2262 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL CIVIL DIVISION No: 500-32-140659-139 DATE: July 31 st , 2015 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE VINCENZO PIAZZA, J.C.Q. ______________________________________________________________________ MICHAEL MONTAGANO and EVELYN MONTAGANO Plaintiffs v.

GERALDINE LIBRATY and SYLVAIN THIBAULT Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr. and Mrs. Montagano claim $7,000.00 from Ms. Libraty and Mr. Thibault, on the basis of the MLS listing published by Ms. Libraty and Mr. Thibault for a condo which Mr. and Mrs. Montagano purchased in September 2012. [ 2 ] Mr. and Mrs.

Montagano argue that this listing was misleading and deceitful, as it failed to disclose that: (1) the condo association had voted a special assessment giving rise to an additional charge to the co-owners, and; (2) as of 2013, the property would no longer benefit from a municipal tax abatement resulting from the heritage status of the building recognized by the provincial government. [ 3 ] At trial, Mr. Montagano acknowledges he was fully aware of the abovementioned facts, as him and his wife were already the owners of another unit in the same condominium property.

He even produces a letter from the government which specifically advises him that the tax abatement would end as of 2013. [ 4 ] Still, Mr. and Mrs. Montagano argue that the erroneous information conveyed by the MLS listing entails the defendants’ liability for the expenses they incurred as a result of said special condo assessment and loss of the tax abatement. [ 5 ] The Court disagrees. [ 6 ] Mr. and Mrs. Montagano decided to purchase the condo knowing full well that the special assessment had been voted by the condo association and that the tax abatement would not be maintained in 2013.

Consequently, whether or not the MLS listing disclosed these facts is irrelevant. [ 7 ] The defendants have not caused any damages to Mr. and Mrs. Montagano. FOR THE FOREGOING REASONS, THE COURT: DISMISSES the action; CONDEMNS Michael Montagano and Evelyn Montagano to pay the Court fees of $156.00 to Geraldine Libraty and Sylvain Thibault. __________________________________ VINCENZO PIAZZA, J.C.Q. Hearing date: July 30, 2015