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
NORMA GASPARI KASTNER
LORNE KASTNER
and
LORNE KASTNER FAMILY TRUST
(hereinafter «the Beneficiaries»)
v. 9219-9439 QUÉBEC INC.
(hereinafter «the Contractor»)
and
LA GARANTIE ABRITAT INC.
(hereinafter «the Manager»)
File No. CCAC: S13-030501-NP
File No. Manager: 13-006.1ES; 13-006.2ES
Arbitrator: Me Philippe Patry
For the Beneficiaries: Mrs. Norma Gaspari Kastner
Mr. Lorne Kastner
Me Sydney Sweibel
For the Contractor: Mr. Tonino Callocchia
For the Manager: Me Élie Sawaya, counsel
Mr. Jean-Claude Filion,
Inspector-Conciliator
Date of decision: August 9, 2013
Identification of the Parties
2001 University Street
Suite 1700
Montréal (Québec) H3A 2A6
Beneficiaries: Mrs. Norma Gaspari Kastner
Mr. Lorne Kastner
[…] Pierrefonds (Québec) […]
Contractor: 9219-9439 Québec Inc.
Mr. Tonino Callocchia
4430, Dagenais West Boulevard
Suite 10
Laval (Québec) H7R 1L5
Manager: La Garantie Abritat Inc.
5930, Louis-H. Lafontaine Boulevard
Anjou (Québec) H1M 1S7
and its counsel:
Me Élie Sawaya
Mr. Jean-Claude Filion,
Inspector-Conciliator
Decision
The Arbitrator received its mandate from the CCAC on March 25, 2013.
March 22, 2012: Preliminary Contract and Guarantee Contract;
May 8, 2012: Modifications to Preliminary Contract; Pre-Acceptance Inspection; Acceptance of building;
May 14, 2012: Deed of sale;
May 31, 2012: In File 13-006.2 ES: Correspondence of the Beneficiaries to the Contractor and the Manager; Claim request by the Beneficiaries;
June 30, 2012: In File 13-006.1 ES: Correspondence of the Beneficiaries to the Contractor and the Manager; Claim request by the Beneficiaries;
July 9, 2012: Notice of 15 days by the Manager to the Contractor in both files;
September 6, 2012: Inspection by the Manager in File 13-006.1 ES;
December 10, 2012: Decision by the Manager in File 13-006.1ES;
February 4, 2013: Decision by the Manager in File 13-006.2ES;
March 5, 2013: Reception by the CCAC of the Request for Arbitration of the Beneficiaries for both files dated March 5, 2013;
April 25, 2013: Receipt of exhibits from the Manager for both files;
June 13, 2013: Preliminary hearing by telephone conference during which the parties confirmed that they had reached an agreement;
August 7, 2013: Reception of the transaction and discharge intervened between the parties signed respectively by the Beneficiaries on June 20, 2013, by the Contractor on July 17, 2013, and by the Manager on July 19, 2013.
Introduction:
[1] The Beneficiaries interjected appeal concerning “the fixtures in the various (2) bathrooms” of the Manager’s decision dated December 10, 2012 as well as the refusal to take action on their claim for compensation by the Manager in his decision dated February 4, 2013.
[2] During the preliminary hearing held on June 13, 2013, the parties confirmed that they had reached an agreement.
[3] Hence, the Arbitration Tribunal takes act of the withdrawal by the Beneficiaries of their demand for arbitration with respect to disorders affecting the building and an indemnity request. It will not rule on the substance of both matters. Therefore, the Arbitration Tribunal declares the case closed.
Arbitration fees:
[4] In conformity with the terms of the settlement intervened between the parties, the Manager will assume the costs of the current arbitration.
FOR THESE REASONS, THE ARBITRATION TRIBUNAL:
TAKES act of the transaction and discharge signed by the parties on July 19, 2013;
ORDERS therefore the parties to respect this agreement;
TAKES act of the withdrawal by the Beneficiaries of their demand for arbitration dated March 5, 2013 regarding the Manager's two decisions of December 10, 2012 and of February 4, 2013;
DECLARES the arbitration case closed;
CONDEMNS the Manager to pay the costs of the present arbitration.
Montréal, August 9, 2013
_________________________
ME PHILIPPE PATRY
Arbitrator / CCAC