An 80-year-old man who has been trying for five years to get his insurer to pay the value of a damaged building fears he will never get justice in his lifetime.
In addition to racking up $55,000 in legal and expert fees, he sees his trial postponed until the end of 2023, for lack of a judge, after having already been postponed twice since the spring.
“I just want a verdict, whatever it is. I prepared my exit, but I do not want to leave this hassle to my estate, ”worries Jean-Marie Piché, a resident of Baie-d’Urfé, whose health is precarious.
Owner of a five-unit building in La Tuque, Mr. Piché had taken out an insurance policy with the Ontario company A.M. Fredericks Underwriting Management, which came into effect on December 13, 2017 for a period of one year. . On December 18, a plumbing break on the third floor caused significant water damage.
Several expertise
After having mandated a claims adjuster who strongly recommended the demolition of the building and estimated the cost of its reconstruction at approximately $1 million, Mr. Piché notified his intention not to rebuild and claimed from his insurer the indemnity against loss in the event of a disaster, for the actual value of his building, i.e. $200,000.
On the advice of his lawyer at the time, there were other expert reports. In particular, the microbiological analysis demonstrated a high risk of mold recurrence, even after renovation.
The insurer still refusing to pay, a lawsuit was filed in Superior Court in January 2019.
A trial date had been set for April 2022, but with the insurer’s lawyer suffering from COVID-19, a new date was assigned for September 22.
Lack of resources
A few days before, the coordinating judge, Marie-Claude Armstrong, informed Mr. Piché’s lawyer that due to the lack of judges, the case would have to be postponed.
The withdrawal of another trial led to a new early date being proposed, but with 24 hours notice to proceed, it proved impossible to mobilize the lawyers and witnesses in the case again.
Finally, the trial brought by Mr. Piché will take place on November 23, 2023… if all goes well.
“The district of Montreal is particularly congested. We see the staff struggling, but they lack resources. And I have rarely seen a trial be postponed in extremis like that, ”reacted lawyer Gabriel Chaloult Lavoie, adding that the situation is special because of the age of his client.
Overwhelmed by the time and costs, and anxious to avoid another lawyer’s bill for his claim, Mr. Piché wrote to Judge Armstrong himself on October 19 to try to obtain a trial date more quickly. He was told that applications to the court should not be made by email.
Fees go up
Lawyers and experts charged him preparation costs for the postponed trial dates. The first lawyer in the file has retired since the start of the case, the second has gone to work for a private company, and with each change, the bill climbs: $40,000 for the lawyers, $15,000 for the experts. And because everything is dragging on, one of the experts has now withdrawn.
“I thought I had a strong case, but if I can’t go to court, what’s the point? asks Mr. Piché.
