Part 48 published on 01/11/14
Syndicat not liable for relocation costs incurred by Plaintiff for alleged delay in repairs to unit
A fire occurred in the Plaintiff’s unit in January 2006. At that time, the Syndicat estimated that the unit should be fit for habitation by June 2006. The Plaintiff claimed that the unit was not fit for habitation until July 2007. The Plaintiff was required to relocate during the repairs. The Plaintiff paid $3,000.00 per month for a rented accommodation at first, then moved to a location at $2,000.00 per month, and finally to a location at $1,000.00 per month. The Plaintiff’s insurer had covered a total of $16,500.00 for living expenses. The Plaintiff claimed against the Syndicat and Intact Insurance for the out of pocket relocation costs not covered by his insurer.
As the evidence unfolded, it was discovered that a second fire occurred during the repairs to the unit, and that the unit was, in fact, fit for habitation by April of 2007, but the Plaintiff chose not to move back into the unit due to a dispute with one of the contractors in relation to deficiencies in the tiling work completed in the unit.
The Court found that the estimated completion date was just that, an estimate, and not a promise of delivery. The Court also found that the Plaintiff had chosen to pay higher monthly rent when lower cost options were available, and that the Plaintiff could have returned to the unit in April of 2007.
The claims against the Syndicat and the insurer were dismissed.