11/12/14 – Jurisdiction Quebec
Part 49 published on 01/02/15
Syndicat responsible for repair and replacement of defective windows and patio door, and liable to Plaintiff for damages due to inconvenience
Part 49 published on 01/02/15
Syndicat responsible for repair and replacement of defective windows and patio door, and liable to Plaintiff for damages due to inconvenience
For several years, the Plaintiff sought to have the Syndicat repair or replace the windows and patio doors. The Syndicat refused to take responsibility for the required repairs and/or replacement, in part based on the position that certain changes that the owner had undertaken within the unit were the cause of the Plaintiff’s “cold floors” and other issues.
The Court held that the windows were defective, and that the Syndicat was responsible for required repair or replacement of the windows. The Court also found that the Syndicat was liable to the Plaintiff for damages in the amount of $1,500.00 due to inconveniences suffered while the Syndicat failed to fulfill its obligations.