Their ground is crumbling: the residents of Sainte-Thérèse win against the city

“This summer, it really … everything fell apart, even more than it was. »

It's December 2023. Jean-Pascal Orzoni and his partner Pascal invite us into their backyard, a large sloping plot of land surrounded by mature trees. An in-ground pool has seen better days as landscaping. The pergola, a large wooden structure, was abandoned for safety reasons.

Here, under the pergola, the damage is most visible. The floor on which the stone slabs rested has sunk. Only a few rows of unstable stones remain.

Dangerous court from 2020

Bill He had gone there a year and a half ago. Already, the damage was substantial. Engineers blamed the landslide on a blocked, outdated and poorly filled pipeline, built six meters underground in the 1980s.

We were walking our dog and the floor sank under his weight! He ran, leaning on flagstones that fell with him.

At the time of the incident, the municipality secured the spot and called for tenders to repair the pipeline. The lowest bidder offered to do the work for $477,000, a bill too expensive, according to Saint-Thérese, who canceled everything. Arsonis were shocked. They decided to sue the city, believing they were within their rights.

Water accumulates at a depth of six meters underground and continuously percolates into the ground. It's a surprise, a sword of Damocles hanging over our headsPascale Orzoni lamented.

So, who should pay for the work? Who is responsible for the problem, the city or Orzoni, which is responsible for the waterways?

We asked municipal law attorney Audrey-Anne Beland for comment. She explained to us Owners cannot be held responsible for not causing pipe blockage.

He also emphasized that the city uses this pipe because it is integrated into the storm sewer network. So she has to do the work and pay for it because it is her duty to intervene quickly.

Legal struggle

Saint Therese did not share this view. According to the city, the Arsonis are solely responsible for fixing the pipe, especially since it is a private pipe. But this argument did not convince the Supreme Court judge, who wrote: In the Court's opinion, none of these defenses was well founded..

In his judgment, he agrees with Arsonis across the board.

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We won! The judge forces the city to do the work. That's the main point we're looking for, obviously. We are very happyexclaims Jean-Pascal Orzoni.

His partner, Pascal, bitterly shares his relief. We are very satisfied but I feel like a colossal waste of time and moneyShe laments.

The fight was long and costly; Thousands of dollars in professional fees, not to mention other types of damage such as years of stress and inability to enjoy the yard. For these reasons, the Supreme Court awarded the Orsonis a sum of $75,000.

It was very difficult, psychologically, because life goes on, work, children, everything goes. It is sad that we have to fight. I don't find it normal.

We caught up with Christian Charron, the mayor of Sainte-Thérèse, who reacted to the verdict. We understand that it was difficult for them. For the city, too, it was a long process. […] The court has ruled. We could have appealed, but we respected the decision and decided to settle the situation once and for allMayer believes.

$820,000 settlement

The court ordered the city to repair the pipe and refill everything as if no collapse had occurred. But Saint-Thérese has another project in mind: restoring the stream to its original state. In other words, he plans to remove the fill, remove the pipe, and let the stream flow freely, which will significantly reduce the area of ​​the land.

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Installing a channel, backfill, and then a swimming pool is not a great idea. We repeat what needs to be done at that point, leaving the stream in its natural state.

To carry out its plan, the city recommended that the Arsonis purchase their property. They know we are in a hurry to sell the property. They gave us the first chance. We made our counter offerJean-Pascal Orsoni testifies.

Ultimately, the parties agreed to close the sale for $820,000. We got what we wanted. This allows you to get out of the house as quickly as possible.

For its part, the city intends to do the work this year and resell the property. As Mayor Christian Charon explains, We should consider that we will get back part of the investment by selling the house. It is more favorable.

End of a long chapter

At last, Pascal looks at his underground swimming pool. What a waste, this swimming pool. I don't know if they will keep it or tear it down. Without hesitation, Pascal replies: Frankly, I don't care.

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This land they loved so much has become a financial and emotional pit. Today, Jodi can finally turn the page to summarize Pascal. Justice is there to protect us. We must not give up. Now we can finally move on to another phase of our lives.