Flooding in Rosemont in 2009 and 2011

The agreement provides that a class member may claim amounts, under certain conditions, for:

1. Compensation for property damage;

“Material damages” are all damages caused to the building or to the property contained therein.

2. Compensation for moral damages;

“Moral damages” are the stress, inconvenience and loss of time suffered as a result of the flooding in question.

3. Financial contribution for work that complies with the requirements of Ville de Montréal By-law 11-010, and;

4. Financial contribution for demineralization work.

“Demineralization work” is work to vegetate the space or make the ground more permeable to better absorb rainwater. This work can be done by removing asphalt, removing slabs, installing ecological or honeycombed slabs or pavers that will allow for better absorption of rainwater.

What are the compensation amounts for material damages?

Material damages can be compensated in two ways:

1. on a lump-sum basis, without the need to provide proof of damage, as follows :

• An amount of $1,000 per address flooded in one of the two 2009 floods or an amount of $1,500 per address flooded in both 2009 floods;
• An amount of $1,000 per address flooded in either of the 2011 floods or an amount of $1,500 per address flooded in both 2011 floods.

2. specific individual claim by providing detailed evidence of all damages suffered.

Unlike compensation for moral damages, compensation for material damages is attached to the building and must therefore be divided between owners or tenants of the same building. There is no division between a tenant and a landlord.

For example, if you choose the lump-sum indemnity and you were two co-owners of a building that experienced surface flooding on July 26, 2009, July 18, 2011 and August 21, 2011, here is the calculation for the indemnity for property damage: $2,500 /2, or $1,250 each.

What are the compensation amounts for moral damages? 

Moral damages are the stress, inconvenience and loss of time suffered by members as a result of the flooding.

Moral damages will be compensated on a lump sum basis, without the need to provide proof of damages, as follows:

• $3,000 per owner and per co-owner per flood, if the flooded portions of the building were habitable;
• $1,500 per owner and co-owner per flood, if the flooded basement was non-habitable;
• $1,500 per tenant of the damaged premises, bound by lease, per flood;
• $1,000 for any person occupying the damaged premises upon proof of occupancy, per flood.

Click here to read the definition of "habitable".

What are the expected amounts for the contributions for work?

The defendant will make available to the members the sum of $100,000 to be used, first and foremost, for the installation of a protection system in compliance with the requirements of By-law 11-010 of the City of Montreal,  that is the installation of backwater valves or other work in compliance with By-law 11-010.

If this sum is not used in full for this work, the balance will be made available to members who are still owners of the building that have suffered a flood and who wish to carry out demineralization work.

How can I send you documents securely?

You can use the secure document drop box on our website at any time to send us additional documents.

Consult the frequently asked questions for the Rosemont Flooding class action to find answers to your questions!

For more details, see the notice to members.