Monit responds with a counter-claim for $135,000 in damages alleging that Samen’s action is illegal and abusive. Samen decides to go ahead with the extensive repair work recommended by its structural engineer and institutes proceedings against Monit before the Québec Superior Court claiming contractual damages in the amount of $743,229.77. Monit denies any wrongdoing and claims that Samen never complained about anything having to do with the level of Monit’s maintenance and repairs and that the owner is known for neglecting to invest in the maintenance of its real estate properties in Montreal. Accordingly, Samen requires that Monit carry out the necessary repairs at its cost. In a letter sent to Monit by Samen’s lawyers, the owner claims that Monit is responsible for the poor state of repair of the concrete slab, having neglected to perform appropriate maintenance and repairs during its tenure as property manager between 19. In September 2003, Samen advises Monit that the management contract will end on December 31 of that same year.Īn inspection of the Gordon Brown Building by Gestion Sidev Inc., the property management firm hired by Samen to replace Monit, reveals that parts of the structure of the underground parking garage are deteriorated to the point of having to be demolished and rebuilt. Samen immediately entrusts its management to Monit Management Limited pursuant to a contract that will remain in force for some 28 years. acquires the Gordon Brown Building on De Maisonneuve Boulevard West, near Bleury Street. On October 10, 2012, the Québec Court of Appeal rendered a most interesting judgment for owners and managers of commercial real estate.

Property Management : When does a breach of contract become gross negligence? Ensuring the safety of citizens is a primary obligation of the state.Property Management : When does a breach of contract become gross negligence?.

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