– Commercial –
The 21 plaintiffs, who occupy 16 dwellings, estimate that Defendant and her agents knowingly used harassment tactics to get tenants out, including in particular harassment by negligence, abuse of right or omission. They allege that the important works carried out in September 2020 on the five floors have made life unbearable for them. The lawsuit states that the construction site quickly becomes a disaster and a nightmare for all tenants: common areas are littered with materials, apartments are overrun with dust, and constant banging and noise.
Still in the lawsuit, the tenants point out that there is asbestos in the building, which leads the CNESST to suspend the work in the fall of 2020. Asbestos is carcinogenic and there is no safe exposure threshold. However, the tenants argue that no information has been shared with them. The request, filed in the High Court, also mentions their evacuation of the building in February 2021 after the Régie du bâtiment noted, among other things, the absence of fire partitions. Defendant’s actions show beyond any doubt a blatant disregard for the welfare and safety of tenants.we can read in the document.
– Commercial –
The plaintiffs claim the sum of $65,000 per dwelling, under the Charter of Human Rights and Freedoms and the Civil Code of Québec, as well as retroactive rent reductions during construction and their eviction.
When added up, the requested damages exceed $85,000 per tenant for a total amount of nearly $1.7 million. A lawsuit with such a number and so many tenants before the Superior Court, I cannot say that it is the first in Quebec, but it is quite unprecedented.specifies his lawyer Daniel Crespo, from the law firm Desmarais, Desvignes, Crespo.
The plaintiffs also ask the court to lift the corporate veil that distinguishes a company from its managers. The tenants believe that Jeremy Kornbluth and Brendon Shiller, the head of the company that owns their building, are also responsible for what they experienced. We are convinced that the two shareholders are fully aware of what this company is doing and acted knowing the consequences of what they were doing.Daniel Crespo explains to me.
Twice, in April and December 2021, The invoice had documented the situation of these tenants.
The tenants first appealed to the Tribunal administratif du logement (TAL), which later deemed it incompetent to hear the case as the amounts claimed by the tenants exceeded the maximum limit of $85,000.
Jeremy Kornbluth and Brandon Shiller, owners of many buildings in Montreal, often arouse the discontent of tenants. His methods are criticized.
Called to comment on this lawsuit, the lawyer representing the company Les Investissements 3655 Ridgewood Ltée, Me Éric Choueke, writes to us that he is inappropriate for us or our customers to comment at this time since the case is before the courts.