A merchant continues to the City for $300,000

donnant-populaire-rue-saint-jean(Quebec) An art dealer demands $ 300,000 to the City of Quebec for the loss of revenue caused by a construction site in 2013. “If the City had properly addressed, there would have been no legal proceedings. He did not want a compensation, at any cost, he wanted respect.”

Jules Gauvin, 83-year-old, rented in 2013 for a commercial space in the building Pierre-Olivier-Chauveau, the management of which was provided by the City of Quebec. The man of a venerable age has operated for 15 years the Art Gallery, Four Seasons, now closed.

Overlooking the popular rue Saint-Jean, in the Old-Quebec, the commercial façade of the building located at 2, rue Pierre-Olivier-Chauveau, had been obstructed between January and June 2013 for repairs and security to protect passers-by and users of the building considered bad. The art dealer claims to have suffered a revenue loss of 75 % during this period.

According to a lawsuit filed in superior Court Tuesday, it now seeks $ 300,000 to the City of Quebec for all the harm caused. But this is not for the money that judicial proceedings have been instituted, explain to Me Stéphane Harvey, the lawyer for Mr. Gauvin.

Matter of respect

“We’re talking about a guy who has over 80 years of age. It does not draw a rock in a glass house”, a-t-il shown, suggesting that the City has adopted an unreasonable behaviour in the place of his client. “It is a record that could have been dealt with very easily. […] If the City had treated Mr. Gauvin correctly, there would have been no legal proceedings. Mr. Gauvin did not want a compensation, at any cost, he wanted to respect”, took the lawyer, attached to Wednesday.

In the legal document, which The Sun has obtained a copy, the prosecutors of Mr. Gauvin recall that the municipal administration had to install “scaffolding and other structures that prevent effective access” to the gallery as soon as January, but that the planned work has been carried out that “months later”, in may and June. Me Harvey says that Quebec City has been negligent towards the merchant.

No longer able to cover the cost of her rent, close to 10 000 $ per month, according to his lawyer, Mr. Gauvin began to accumulate late payment, supports the request. He had taken the services of a lawyer as from the month of may 2013 and had requested repair to the City. His letter remained unanswered, deplore its prosecutors.

Still no real contact with the municipal administration thereafter, the dealer has continued to hold its own art gallery and has attempted to negotiate a lease with a term of two or three years, owing to his age, rather than the five years required by the City.

Shortly before the end of the lease, scheduled for April 30, 2015, the City has sent a “notice instead of the jumper even threatening expulsion”. To get out of a deadlock, Mr. Gauvin had found a new tenant to which to assign his lease, “but [it] has not received the cooperation of the City of Quebec,” says the lawsuit.

Contacted by The Sun on Wednesday, Mr. Gauvin said to have ceased its activities on 30 April 2015 as planned. His lawyer said that he remained the occupier of the premises by default – lease by way of tolerance, the parties were not heard in the proceedings. In addition to the unpaid rents in 2013, the City claims, therefore, a payment for may, June, July and August 2015. The total is around 80 000 $.

Jules Gauvin requires for its share of $ 250, 000 for the loss of revenue two years ago. The money would be used in priority to pay the rent not paid to the City. $ 50,000 remaining are being claimed moral damages for stress, anxiety and insomnia caused by this saga.

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