Judge lambastes couple for wasting his time by contesting parking fees
REGINA A pair of Regina condo owners fought their $7,500 parking bill at trial, after their property manager failed to charge them for 31 months due to an accounting glitch.
That earned the ire of a small claims judge, who castigated them this week for wasting his time.
“I am at a loss to understand why this matter had to proceed to trial,” said Regina small claims judge Paul Demong.
Allen and Jody Lamoureux were renting two parking stalls near their condo in downtown Regina. For years, they paid for both through pre-authorized transfers. In 2014, an accounting error led their property management company to collect payment for only one stall — leaving the $240 monthly charge for the other unpaid.
The shortfall went unnoticed for about 21/2 years.
But the property management company kept paying the full amount to the third-party owner of the parking garage. In 2016, it finally noticed the gap, and approached the six affected condo owners for payment. They all complied, except the Lamoureuxs.
“The defendants adamantly refused to pay the shortfall, notwithstanding that it is absolutely and unambiguously clear that they had contracted for the two parking stalls,” the judge noted in his written reasons.
Instead, they continued to insist that they had paid, and chose to defend themselves against a lawsuit. But Demong noted that they produced no legal argument and presented no relevant evidence.
The couple also countersued, arguing that it was improper for the property company to recommence withdrawing money for the second stall after detecting the error.
Demong threw that out, and ordered the defendants to repay the company, Nicor, the full amount: $7,470.38.
“The fact that Nicor had to sue for this amount ... and the fact that it then had to proceed to a one day trial to be determined by a judge is nothing short of a shame,” he said.
“For some reason the defendants have sought to engage the court’s time and energy and precious resources on a matter that should have been resolved, as between business people, over a cup of coffee.”