Court Approves By-law For Constellations Neighborhood Owners | Justice and miscellaneous facts | News | The sun

DIn its collective action authorized in March 2011, a group of citizens of the Constellations in the Saint-Jean-Chrysostome sector maintained that the City of Lévis had committed a fault by issuing construction permits and by growing a neighborhood on unstable land .

The owners experienced enormous problems, the main one being the sinking of their houses.

To defend itself, the City of Lévis had called in subcontractors Inspec-Sol and CIMA Quebec as well as real estate developers.

After years of legal proceedings and two out-of-court settlement processes, an agreement was finally reached between the parties on November 30, 2018. It was submitted to the court for approval two weeks ago.

The total settlement amounts to $ 4.1 million. The City of Lévis will pay $ 1,245,350 and the firm Inspec-Sol will have to pay $ 1,645,350. The insurer Lloyds ($ 1 million) and the firm WSP Canada ($ 250,000) will pay the last portion.

All other stakeholders have no amounts to pay. The regulation also provides for reimbursement to the APCHQ and the Collective Action Fund.

The owners of 286 residences will be compensated by the distribution plan. They were divided into 11 categories, according to the work already carried out at their residence. Five owners expressed their disagreement or disappointment at the hearing.

Judge Denis Jacques of the Superior Court considers that the settlement is the best that could happen to unhappy owners. “It must be remembered that a trial would have required several days of hearing, involving complex evidence, all with an uncertain outcome as well as the possibility of appeals resulting in additional delays and additional uncertainty,” wrote Jacques J. in her decision.

Subsidy program in 2013

In December 2013, in collaboration with the Société d’habitation du Québec and without admitting its responsibility, the City of Lévis set up a subsidy program for the people of the Constellations. Homeowners whose residences have undergone a serious collapse were able to obtain a subsidy corresponding to two thirds of the cost of the work, up to $ 100,000. A total of $ 1.8 million was given to owners. If this amount is included, the total settlement of the Constallations amounts to approximately $ 5.9 million.

Reasonable fees … for once

Judge Denis Jacques says he has no hesitation in accepting the payment of fees of 11% of the global settlement to the lawyers of the citizens, the firm Gravel Bernier Vaillancourt.

“We are here far from the extrajudicial fees of 25% or 30% in certain files […] which clearly deviate from the social vocation of collective action, comments Judge Jacques. In the present case, the lawyers will be satisfied, even if their fees are not fully compensated, for having rendered service and for having allowed homeowners who have found themselves in a precarious situation to be treated with a balm about their shattered dream. “

The judge said he was impressed by all the volunteer work done over the past decade by the requesting citizens Jean-François Labbé and Éléna Laroche “for the benefit of the community in order to ensure fair and equitable treatment for all members”.

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