Rosemont floods - frequently asked questions

Any natural and legal person (with fewer than 50 employees during the 12 months preceding August 10, 2009), owners, lessees or sublessees of real property located in the block bounded by De Bordeaux Street, 1st Avenue, St-Zotique and Bélanger streets, which had surface water infiltration or sewer back-ups on July 11, 2009, on July 26, 2009, on July 18, 2011, or on August 21, 2011.

If you're not sure if you're in the block formed by De Bordeaux, 1st Avenue, Saint-Zotique and Bélanger streets, consult  the block map.

Still not sure? Call us at 438-858-6341 or 1-844-200-4626.

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

1. Compensation for material damages;
   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 the installation of backwater valves or other plumbing work in compliance with By-law 11 010 of the City of Montreal, 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.

These damages are respectively "material damages" and "moral damages".

To claim for these damages, you need only complete the corresponding claim form inAppendix 1.

Material damages: You will have the opportunity to claim a lump sum, without the need to provide evidence of damage to your property, or you can claim individualized compensation based on supporting documents showing the damages caused.

See the lump sum amounts provided.

Moral damages: the agreement provides for a lump sum compensation per flood.

See the lump sum amounts provided.

The agreement provides for financial contributions from the City of Montreal for two types of plumbing work:

• Installation of backwater valve(s);
• Other work in compliance with the City of Montreal's By-law 11-010;

If you have already had this work done, complete a Claim for Contribution  corresponding to Appendix 4, indicating the claim number obtained after completing the claim form (Appendix 1).

If you wish to have this work done, complete the Notice of Intention to Proceed with the Work corresponding to Appendix 2. To be eligible, you must still be the owner of the building at the time of your claim and you must have been the owner at the time of one of the floods in question.

Work that improves the permeability of the land to better absorb rainwater is called demineralization work.

If you want to have demineralization work done, complete notice of intention to proceed with the work corresponding to Appendix 2.

If you have already done demineralization work, the agreement does not provide for compensation in these cases. Therefore, you cannot claim reimbursement for this work.

If you were a tenant, co-tenant, co-tenant or occupant of the building at the time of at least one of the floods, you need only complete the corresponding claim form in Appendix 1.

If you were an owner at the time of one of the affected floods and are still an owner, first complete the claim form corresponding to Appendix 1 and keep the claim number which you will be given.

If you were the owner of the flooded property at the time of the floods, but are no longer the owner, first complete claim form corresponding to Appendix 1 and note your claim number.

You can still claim for work done while you were a homeowner as long as you had the backwater valves installed or other work done in compliance with By-law 11-010. In these cases, complete a claim for contribution corresponding to Appendix 4, indicating the claim number obtained after completing the claim form (Appendix 1).

You must complete one form per person to claim material and moral damages.

Even if you represent a family member who also suffered from the floods, you will have to fill out one form for your claim and another form for theirs. Also, if you are a homeowner and want to claim a contribution for work, you will have to fill out more than one form on your own behalf.

For example, if your mother lived in the basement of your property and is now under a power of attorney, you will need to complete :

• a Material and Moral Damages Claim form for your mother indicating that you are the representative;
• a claim form for material and moral damages for yourself;
• a form or forms for contribution to the work as owner, if you have done or want to do any work.

Material damages can be compensated in two ways:

1- in a lump sum, without the need to provide proof of damages, 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 compensation and you were two co-owners of a building when there was surface flooding on July 26, 2009, July 18, 2011 and August 21, 2011, here is the calculation for the property damage compensation:

2500 /2 or $1250 each

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.

Compensations are calculated per person, per flood. If you were a tenant in the damaged premises during 3 floods, you may be entitled to $4,500 in pain and suffering, not including property damage to which you may also be entitled.

Click here to read the definition of "habitable".

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.

If the water came from plumbing fixtures or appliances connected to plumbing fixtures, it is a sewer back-up flood.

On the other hand, surface flooding means that the water is coming from the surface of the ground outside. In this case, the water enters through a window, window well, areaway, entrance, depressional area or doorway, excluding breaks or cracks in the floor and foundation.

If there were surface flooding and sewer back-up in the basement of the same building for the same event, 75% of the damages will be deemed to have been caused by the surface flooding with the remaining 25% of the damages being deemed to be the result of the sewer back-up in the building’s basement.

If the building was built after April 28, 1939, and suffered a basement sewer back-up flood, you may be partially responsible for the damage if the plumbing fixtures in the basement were not adequately protected by backwater valves.

Your compensation, if any, will be reduced by the percentage of the total number of overflowing fixtures that were not protected by a backwater valve on the total number of fixtures.

If, for example, 1 of the 2 appliances that overflowed in the basement was protected by a backwater valve, you will receive 50% of the material and moral damages provided for in the agreement.

If 3 of the 4 appliances that overflowed in the basement were protected by a backwater valve, you will receive 75% of the material and moral damages provided for in the agreement.

Furthermore, if all the appliances that overflowed were not protected by a backflow valve, you will not be entitled to compensation and your claim for material and moral damages will be rejected.

As the administrator, we have 60 days to send a recommendation on your claim.

Following our recommendation, the City's lawyers will have 30 days to take a position or suspend their position (in other words, a maximum of 90 days following your claim). In the latter case, they can request additional evidence or an examination.

Once the City of Montreal's lawyers have sent their position, you will have 30 days to take your position.

If you agree with the City of Montreal's lawyers' position, they must send a cheque to the Administrator within 30 days.

The deadlines may differ in cases where there are several co-owners or co-tenants in the same building.

No examination will take place for claims where the amount claimed or recommended by the Administrator is less than $30,000.

The City of Montreal must request an examination no later than 90 days after the filing of your form as this request must be made within 30 days of the administrator's recommendation.

Following this, the examination must be held within 30 days of receipt of the request for examination from the City of Montreal's lawyers.

The Fonds d'aide aux actions class ("Fund") is a public body that reports to the Minister of Justice and whose functions include providing financial assistance to persons who bring a class action.

The law provides that sums must be deducted from the individual compensation for material and moral damages. These deductions are required whether or not the plaintiff in the class action was financed by the Fund.

The amounts to be deducted for the Fund vary depending on the compensation payable to the member:

1. 2% on compensations under $2,000;
2. 5% on compensations over $2,000 and under $5,000;
3. 10% on compensations in excess of $5,000.

Yes, you can claim if you were occupying the flooded space in your parents' building, for example, if your bedroom was in the basement and the basement was flooded.

Yes, the Claim Form (Appendix 1), Notice of Intent (Appendix 2) and Contribution Claim (Appendix 4) provide for the possibility of claiming on behalf of an estate, a minor or a person under legal disability.

Just be sure to include proof of your authority to act.

The documents required differ depending on the situation you are in:

• For an estate;
• For a minor;
• For a legally incapacitated person.

In all cases, you must attach :

• the official death certificate;
• a will search from the Chambre des notaires, and;
• a will search from the Quebec Bar.

Depending on your situation, you must also attach the following documents to the claim :

• For an estate with a notarized will, please also attach a copy of the will.

OR

• For an estate with a holographic or witnessed will, please also attach a copy of the will and the judgment or notarial act validating the will.

OR

• For the spouse of a person who died without a will, please also attach a copy of the marriage contract or civil union contract containing a testamentary clause (e.g.: "To the last living person the property...").

OR

• For all other intestate estates, please also attach a copy of the judgment recognizing the legal devolution.

Your authority to act as a representative of a minor may be demonstrated by submitting a long-form birth certificate, baptismal certificate, court order or other proof of guardianship. In all cases, your name and the name of the minor must be included.

Please note that a person who was a minor at the time of the flood but is now of age may claim without representation. The documents mentioned above may however be useful to demonstrate their occupation.

Your authority to act as a representative may be demonstrated by submitting a power of attorney or a court order. Your name and the name of the person you are representing must be included.

"Habitable" means that the space is arranged as a living area or to sustainably go about activities.

"Non-habitable" means that the space is unfinished or is a space for washing or storage, such as a basement, crawl space or cement or concrete slab.

A plumbing fixture is a plumbing fixture or an appliance connected to fittings, such as a toilet, sink, shower, bathtub, washer, laundry drain, floor drain, retention pit or cleanout.

For that matter, if the water was coming from one of these fixtures, it is a backflow flood.

Demineralization work" are works to vegetate the space that can be done by removing asphalt, removing slabs, installing ecological or honeycombed slabs or pavers that will allow a better absorption of rainwater.

The agreement does not provide for compensation for demineralization work performed prior to a favorable decision on the eligibility of the work by the administrator.

Yes, you must carry out the planned work and send us the invoice(s) proving that the work was carried out within 6 months of the date of a favourable decision on the eligibility of the work.

In the case of demineralization work, in addition to the invoice(s), photos of the demineralized area must be provided.

To send us your invoices and photos, use the secure document drop box on our website.

The notice of intention does not replace any permit application to the borough of Rosemont-La-Petite-Patrie.

A permit may be required for the work to be done. It is your responsibility to verify if you need a permit to carry out the work you are planning and to apply for one, if necessary.

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