2014 QCCQ 7781, 2014 QCCQ 7781

Rattliff c. Syndicat de la copropriété Les Jardins de Maisonneuve 2014 QCCQ 7781 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division Nos: 500-32-113899-084 & 500-32-113896-080 DATE: August 15, 2014 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ 500-32-113899-084 FREEMAN TOD RATTLIFF Plaintiff v. SYNDICAT DE LA COPROPRIÉTÉ LES JARDINS DE MAISONNEUVE Defendant/Plaintiff in Warranty v.

INTACT ASSURANCE and CONSTRUCTION GS Defendants in Warranty 500-32-113896-080 FREEMAN TOD RATTLIFF Plaintiff v. CONSTRUCTION GS Defendant JUDGMENT [ 1 ] The Plaintiff instituted two actions following a fire to his condominium.

He claims from the Defendant, Syndicat de la copropriété Les Jardins de Maisonneuve (the Syndicate ), $7,000 for the living expenses incurred because of the late delivery of his unit. [ 2 ] The Syndicate contests Plaintiff’s action on the basis that, if there was a late delivery which it denies, this was the responsibility of Construction GS and of Intact Assurance (formely ING Insurance), that it calls in warranty. [ 3 ] The second action instituted by the Plaintiff against Construction GS ( GS ), for $7,000, represents the deficiencies in the construction work done to his unit. [ 4 ] The two actions were joined and the evidence presented was filed in both records. [ 5 ] Plaintiff’s claim against the Syndicate was for $8,103.33, which he reduces to the amount of $7,000, renouncing to the difference. [ 6 ] Plaintiff’s claim against GS was for $7,368.48, which he also reduces to the amount of $7,000 and renounces to claim the difference.

THE FACTS [ 7 ] A fire occurred in January 2006, in Les Jardins de Maisonneuve, which partially destroyed the building where Plaintiff resides. The fire forced the Plaintiff to vacate the premises during reconstruction. [ 8 ] The services of GS were retained by the Syndicate to do the reconstruction of the building, including the repairs to Plaintiff’s unit. [ 9 ] According to the Plaintiff, his unit was to be delivered in June 2006, approximately, but the delivery was postponed several times.

Finally, Plaintiff was able to reintegrate his unit in July 2007. [ 10 ] Under Plaintiff’s insurance coverage, the amount of $16,500 was provided for living expenses. [ 11 ] At first, the Plaintiff rented a furnished apartment and paid $3,000 a month for rent. He decided to move to a less expensive

apartment, paying $2,000 per month. He complains having to move a third time, to an unfurnished apartment at $1,100 per month for rent. [ 12 ] The Plaintiff complains that in his unit, the work was not completed, therefore he could not use his kitchen from January 2006 to July 2007.

He also kept waiting to have the tiles that were installed by GS in the entrance, the bathroom and the laundry room, to be replaced. [ 13 ] On June 28, 2007 [1] , Plaintiff wrote to the administrators of the Syndicate, complaining of the deficiencies which had not been completed, providing a list of these deficiencies. [ 14 ] The architect, Mr.

Jacques-Antoine St-Jean, also wrote to GS, and to Plaintiff, listing the repairs to be completed as of February 26, 2007 [2] . [ 15 ] The Plaintiff paid rent to Groupe Aquilini from December 1 st , 2006 to June 2007 of $1,100 per month, for a total of $8,103.33 [3] , which he claims from the Syndicate. [ 16 ] Mr. Benjamin Auger, an administrator of the Syndicate, as of 2010, explains that, in November 2006, a second fire occurred during the construction, of an undetermined nature. This fire postponed the delivery to February 2007. [ 17 ] Mr.

Auger admits that the repairs were not completed by February 2007, however, these were minor repairs and the Plaintiff could have moved back into his condominium as of April 2007. [ 18 ] Mr. Auger states that if the Plaintiff did not move in by that date, and only moved in July 2007, it was because of a dispute with GS regarding the tiles installed by the latter. [ 19 ] With respect to the claim against GS, the Plaintiff complains that he had to remove the tiles that had been installed by GS at a cost of $5,768.88, representing the cost of the tiles he had to replace.

THE ANALYSIS [ 20 ] The Plaintiff’s first complaint is that the delivery of the condominium was postponed to a later date; he refers to a June 2006 delivery. [ 21 ] The Syndicate did mention a possible delivery date by June 2006, however, this was approximate. No assurance was given to the Plaintiff that his unit would be delivered by that date. [ 22 ] Moreover, as explained by Mr. Auger, a second fire, of an undisclosed nature, occurred at the end of November 2006.

This necessarily postponed the delivery date. [ 23 ] Also, the evidence presented, which the Plaintiff did not contradict, is that the Plaintiff could have moved in his unit in April 2007 instead of July 2007.

There were repairs to be completed, such as the tiles, however these repairs did not prevent the Plaintiff from reintegrating his unit. [ 24 ] Plaintiff decided to pay rent of $3,000 per month, then $2,000, which quickly diminished the allocation for living expenses awarded by his insurance. [ 25 ] The Plaintiff did not prove that the delay in the delivery of the condominium, or the fact that the Plaintiff used up the living expenses before he could reintegrate his unit, is attributable to the fault of the Syndicate or to the fault of GS. [ 26 ] The Court does not grant Plaintiff’s action against the Syndicate, therefore, the action in warranty instituted by the Syndicate against Intact Insurance and GS is also dismissed. [ 27 ] As for the Plaintiff’s claim against GS to replace the tiles, the evidence presented by the Plaintiff on this issue is uncontradicted.

The Plaintiff had to replace the walls and the tiles following their faulty installation by GS. [ 28 ] The Plaintiff incurred a cost of $5,768.88 that the Court will award to the Plaintiff. FOR THESE REASONS, THE COURT : IN FILE 500-32-113899-084 DISMISSES Plaintiff’s action against the Defendant, Syndicat de la copropriété Les Jardins de Maisonneuve; WITH COSTS , in the amount of $189, representing the judicial stamp of the Contestation. DISMISSES Defendant’s Action in Warranty against Intact Assurance and Construction GS; WITHOUT COST . IN FILE 500-32-113896-080 GRANTS in part Plaintiff’s action;

CONDEMNS Defendant, Construction GS, to pay to Plaintiff, Freeman Tod Rattliff, the sum of $5,768.88, with interest at the legal rate, plus the additional indemnity provided at

Article 1619 of the Civil code of Québec , as of November 26, 2008; WITH COSTS , in the amount of $155.00 representing the judicial stamp of the Application. __________________________________ DIANE QUENNEVILLE, J.C.Q.