ARBITRATION IN VIRTUE OF THE REGULATION RESPECTING THE GUARANTEE PLAN FOR NEW RESIDENTIAL BUILDINGS
(O.C. 841-98 of June 17, 1998)
Arbitration body authorized by the Régie du bâtiment du Québec:
CANADIAN COMMERCIAL ARBITRATION CENTRE
ALLISTER HARDIMAN ULA HISCOCK
(hereinafter «the Beneficiaries»)
v.
BÉNA CONSTRUCTION INC.
(hereinafter «the Contractor»)
and
LA GARANTIE ABRITAT INC.
(hereinafter «the Manager»)
File No. CCAC: S14-082001-NP
File No. Manager: 14-339JP
Arbitrator: Me Philippe Patry
For the Beneficiaries: Mrs. Ula Hiscock
Mr. Allister Hardiman
For the Contractor: Mr. Yaoub Yaoub
For the Manager: Me Julie Parenteau, counsel
Mr. Martin Bérubé,
Inspector-Conciliator
Date of decision: August 28, 2015
Identification of the Parties
Place du Canada
1010 De la Gauchetière West
Suite 950
Montréal (Québec) H3B 2N2
Beneficiaries: Mrs. Ula Hiscock
Mr. Allister Hardiman
[…] Gatineau (Québec) […]
Contractor: Béna Construction Inc.
Mr. Yaoub Yaoub
117 Front Street
Suite 200
Gatineau (Québec) J9H 5S9
Manager: La Garantie Abritat Inc.
5930, Louis-H. Lafontaine Boulevard
Anjou (Québec) H1M 1S7
and its counsel:
Me Julie Parenteau
Mr. Martin Bérubé,
Inspector-Conciliator
Decision
The Arbitrator received its mandate from the CCAC on September 23, 2014.
November 9, 2012: Preliminary Contract and Guarantee Contract;
March 1st, 2013: Deed of sale; Acceptance of building;
March 13, 2014: Correspondence of the Beneficiaries to the Contractor;
April 10, 2014: Claim request by the Beneficiaries;
April 25, 2014: Notice of 15 days by the Manager to the Contractor;
April 30, 2014: Correspondence of the Contractor to the Manager;
July 2, 2014: Inspection by the Manager;
August 5, 2014: Decision by the Manager;
August 20, 2014: Reception by the CCAC of the Request for Arbitration of the Beneficiaries dated August 20, 2014;
October 23, 2014: Receipt of exhibits from the Manager;
November 19, 2014: Preliminary hearing by telephone conference;
December 3, 2014: Preliminary hearing by telephone conference;
January 7, 2015: Preliminary hearing by telephone conference;
February 13, 2015: Preliminary hearing by telephone conference;
May 6, 2015: Reception of the inspection report from the Beneficiaries;
May 29, 2015: Preliminary hearing by telephone conference;
June 18, 2015: Confirmation that the hearing will be held on August 4, 2015 at the Palais de justice de Gatineau;
July 30, 2015: Reception of the Beneficiaries’ withdrawal of their demand for arbitration; cancelation of the hearing.
Introduction:
[1] The Beneficiaries interjected appeal of the Manager’s decision dated August 5, 2014 concerning “the hardwood floor”.
[2] In an email correspondence dated July 30, 2015, the Beneficiaries confirmed that they wanted to forego the current arbitration and to pursue a recourse before the Small Claims Court following the advice of their lawyer.
[3] Hence, the Arbitration Tribunal takes act of the withdrawal by the Beneficiaries of their demand for arbitration with respect to disorders affecting the hardwood floor. It will not rule on the merits of this matter. Therefore, the Arbitration Tribunal declares the case closed.
Arbitration fees:
[4] The Manager’s representative argued on August 12, 2015 that the Beneficiaries had not succeeded on any aspect of their claim given that they decided to forego arbitration and thus, offered to share equally the costs. As for the Beneficiaries, they mentioned that they had been informed initially it would cost them between $50.00 and $150.00 to proceed to the arbitration of their claim. They added that they had already incurred $500.00 for the cost of the inspection report submitted.
[5] In conformity with Subsection 123 (2) of the Regulation respecting the guarantee plan for new residential buildings[1] (the Plan), the Manager and the Beneficiaries shall split the costs of the current arbitration.
FOR THESE REASONS, THE ARBITRATION TRIBUNAL:
TAKES act of the withdrawal by the Beneficiaries of their demand for arbitration dated August 20, 2014;
DECLARES the arbitration case closed;
CONDEMNS the Beneficiaries to pay the amount of $150.00 as costs of the present arbitration and the Manager to pay the remaining balance of these costs.
Montréal, August 28, 2015
_________________________
ME PHILIPPE PATRY
Arbitrator / CCAC