Taylor Clark
LJI Reporter
The Association pour la qualité dans la construction en Outaouais has filed a request for authorization to file a class action lawsuit against Brigil and the Ville de Gatineau before the Superior Court of Québec.
Supported by the law firm ABC Avocats, the non-profit association is claiming $38 million on behalf of more than 2,500 owners and tenants of Brigil condos built from 1996 to as recent as 2016.
The association was founded in 2020 to improve the quality of construction and renovation of residential buildings in Outaouais and the current collective action has been at the heart of their undertakings.
According to the 33-page application submitted to the court on May 28, the Association pour la qualité dans la construction en Outaouais alleged Brigil built nearly 100 buildings with more than 1,000 condos, without ensuring the condos’ wastewater drains were properly equipped with non-return valves which prevent sewer backups.
The Ville de Gatineau website stresses the importance of non-return valves, stating it was an “obligation”. As per a municipal bylaw, all owners are required to install non-return valves in their residences, regardless of the year of construction.
“Additionally, each check valve must be maintained in good working order. To ensure this, regular verification is necessary,” reads the website.
As the case was in the hands of the courts, the association did not grant an interview but issued a press release accusing Brigil of neglecting to have plumbing plans and specifications together prior to the construction of the condos in question. The finger was then pointed at the Ville de Gatineau for granting the necessary building permits despite the absence of said plans and specifications.
“It should be remembered that there is a municipal by-law in Gatineau requiring the submission of plumbing plans before a building permit can be granted,” highlighted the association.
Based on estimates from the Association pour la qualité dans la construction en Outaouais, it could cost tens of thousands of dollars to correct the construction defect in each of the affected condos, which would likely adversely affect their value.
The Association des professionnels de la construction et de l’habitation du Québec’s new home warranty plans and the Régie du bâtiment du Québec were also in hot water for “having grossly failed their responsibilities and duties” by not ensuring the existence of plumbing plans and specifications, as well as neglecting to carry out mandatory inspections during the construction period.
“Out of respect for the ongoing process,” the Ville de Gatineau did not want to issue any comments.
Brigil also did not wish to speak to the matter, stating “Brigil has always been recognized as a responsible company. We will work with the parties before the Court and intend to respond in a timely manner.”
The Association pour la qualité dans la construction en Outaouais, invited citizens to learn more about this legal action by visiting its website at aqco.ca and encouraged a free membership “to collectively defend their rights in this class action.”
Photo caption: The founder of the Gatineau-based construction company Brigil, Gilles Desjardins has been looped in with the Ville de Gatineau for a request for authorization to exercise class action submitted by the Association pour la qualité dans la construction en Outaouais on behalf of more than 2,500 owners and tenants.
Photo credit: Brigil Facebook