Ottawa man says he'll sue house builder, city
Last Updated: Monday, February 26, 2007 | 12:01 PM ET
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An Ottawa man says he plans to sue a local developer and the City of Ottawa over damage to his North Kanata house.
Claude Martel, who told CBC News he would file the lawsuit this week in Ontario Superior Court, alleged builder Kanata Research Park (KRP) Corp. is responsible for numerous cracks in the foundation of his home in the Marshes Village development in Ottawa's west end.
Claude Martel with his wife, Aline, in their house.
(CBC)
He also wondered why city building inspectors didn't notice flaws in his house during construction.
Martel said he would seek damages equivalent to the costs to get the house fixed. He said he also wants to recoup the money lost on his investment.
Real estate agent Alec Fitzsimmons of A.H. Fitzsimmons & Co. Ltd. estimated Martel might have to heavily discount the house to sell it, but Martel insists on doing so anyway.
"We want to get rid of this house," Martel said. "And whatever we get for it ... the difference [from what we paid for it] — we'll have to place that as our claim against KRP."
Martel said the house was purchased in June 2004 and he hired an engineering firm after noticing more than 60 metres of cracks in his basement floor in April 2005. He also found numerous cracks in the foundation.
Builder says damage cosmetic
The engineer prepared a report that said the cracks in the foundation were indications the foundation was shifting, Martel said.
Martel said he convinced KRP to fix the cracks, but said that cost him about $80,000 in engineering consulting and lawyers' fees.
Martel said it cost him $80,000 to get the cracks in the foundation of the house repaired.
(CBC)
In the house's basement, cracks in the foundation have been repaired with reinforced steel and epoxy.
KRP president Martin Vandewouw said any remaining damage is merely cosmetic, and Martel is scaring off potential buyers by "identifying every little crack and flaw."
"It appears he's purposely trying to devalue his home to prove a point," Vandewouw said.
Owner cites soil
But Martel said some of the cracks have reappeared, and he does not think the problem in his home has been fixed.
The home's builder says Martel is scaring off potential buyers.
(CBC)
"The various experts that I have contacted on that indicate there is a problem with the soil," he added.
But Martel is not certain KRP is the only party bearing responsibility for the problems. He said the city has not confirmed to him that the soil beneath the home is solid enough to support houses.
Nor did city building inspectors flag the flaws in his house during construction, Martel said.
Arlene Grégoire, Ottawa's director of building services, said the city inspection process is limited and home buyers should do their own homework before making a purchase.
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Claude Martel with his wife, Aline, in their house.
Martel said it cost him $80,000 to get the cracks in the foundation of the house repaired.
The home's builder says Martel is scaring off potential buyers.
