ARBITRAGE
Under the Regulation respecting the guarantee plan for new residential buildings Building Act
(Decree 841-98 of June 17, 1998, as amended, c. B-1.1, r.0.2,
Building Act, Lois refondues du Québec (L.R.Q.), c. B-1.1, Canada)
Groupe d’arbitrage Juste Décision – GAJD
BETWEEN
FRANCESCA ROSSI and ANTHONY VINCELLI-MORASH
Beneficiairies
And
LES HABITATIONS SYLVAIN DESROCHERS INC.
Contractor
And
GARANTIE DE CONSTRUCTION RÉSIDENTIELLE (GCR)
Manager
File No / Garantie | : | 192411-8677 |
File No / GAJD | : | 20222311 |
File No / Arbitrator | : | 35304-69 |
ARBITRATION AWARD
Arbitrator | : | Me Pierre Brossoit |
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For the Beneficiaries | : | Francesca Rossi et Anthony Vincelli-Morash |
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For the Contractor | : | Sylvain Desrochers |
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For the Manager | : | Me Marc Baillargeon |
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Date of hearing | : | N/A |
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Immovable concerned | : | [...], Saint-Lazare |
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THE FACTS
[1] On November 10, 2022, the Manager (Benoit Bissonnette, conciliator) rendered a decision (the "Decision") on five (5) points of the Beneficiaries' claim in connection with the construction of the Building by the Contractor.
[2] On November 30, 2022, the Beneficiaries request arbitration of the Decision on points 2, 3, 4, and hereafter named:
Point 2: Scratched patio door windows;
Point 3: Visible screw head on drywall; and
Point 4: Location of central vacuum outlet.
[3] On February 10, 2023, the Beneficiaries informed the parties and the Tribunal that they concluded an agreement with the Contractor and therefore wishes to desist from their request for arbitration.
[4] Consequently, the Tribunal takes note of the withdrawal of the Beneficiaries from their request for arbitration.
[5] The costs of this arbitration are the sole responsibility of the Administrator.
FOR THESE REASONS, THE ARBITRATION TRIBUNAL:
TAKES NOTE of the withdrawal of the Beneficiaries' request for arbitration on points 2, 3 and 4 of their request for arbitration.
CONDEMNS the Administrator to pay the costs of the arbitration.
Montreal, February 10, 2023
(s) Me Pierre Brossoit
Me Pierre Brossoit, arbitrator