Executive Summary: Key Legal and Evidentiary Issues

• Multiple affidavits and postal records confirmed proper service of the Statement of Claim on both defendants.

• Defendants failed to appear properly in court and were noted in default, admitting the allegations by law.

• Extensive property damage including structural destruction, unsanitary conditions, and stolen items was supported by uncontradicted affidavit evidence.

• The Court rejected the defendant’s request for adjournment and found her claims about lack of notice and identity discrepancies not credible.

• Damages awarded included costs of repairs, lost rent, lost income, travel, and stolen property totaling over $64,000.

• An additional $20,000 in punitive and exemplary damages was awarded due to the malicious and highly reprehensible conduct of the defendants.

Facts and outcome of the case

Tenancy and condition of the property

The plaintiffs—Rémi Savoie, Louis Marie Savoie, and Irma Savoie—owned a residential property in Dieppe, New Brunswick. On August 3, 2019, Vanessa Forbes signed a lease for part of the property. By September 2019, a new lease was signed by both Forbes and KinderCollege Inc. for the entire property, at $1,750 per month. The premises, previously used as a daycare, were in immaculate condition when possession was given.

Lease termination and denial of access

On February 1, 2022, the plaintiffs served a notice of termination due to their intention to sell the property. Despite repeated requests, Ms. Forbes and KinderCollege refused access for inspection. Access was only granted on April 30, 2022, revealing that the property had been extensively damaged during the tenancy.

Details of the damage

The court accepted unchallenged affidavit evidence that detailed extraordinary and deliberate damage, including:

• Broken exterior doors and smashed windows

• Polyurethane foam clogging all plumbing fixtures

• Toilets clogged with dirty diapers and rendered unusable

• Fixtures ripped out and plumbing destroyed

• Fluorescent paint covering walls, appliances, and surfaces

• Holes in walls, broken switches, and missing light fixtures

• Rotten garbage and dirty diapers left throughout the home

The plaintiffs also testified that appliances and personal property were taken or vandalized. Repairs required three months and substantial labor and material costs.

Service of documents and procedural default

The defendant, Vanessa Forbes, appeared by phone at trial on March 4, 2025, seeking an adjournment on the basis she was never served. The Court reviewed affidavits from process servers and confirmed service at her known residence, including signed receipt confirmations and postal tracking records. Forbes’s claim was contradicted by her own admission of residence and her acknowledgment of related correspondence. The Court rejected her credibility and found her in default, meaning all allegations in the Statement of Claim were deemed admitted under procedural rules.

Damages assessed by the Court

The Court assessed damages as follows:

1. $16,215.82 for repair materials

2. $9,845 in labor

3. $10,309.03 for lost or damaged property

4. $18,340 for plaintiff labor to restore the home

5. $1,420 in travel expenses

6. $3,300 in lost wages for Rémi Savoie

7. $5,250 for lost rent over three months

The total compensatory award was $64,679.85.

Punitive and exemplary damages

The Court relied on Whiten v. Pilot Insurance Co., 2002 SCC 18, to justify awarding $20,000 in punitive and exemplary damages. It found the defendants had acted maliciously and with complete disregard for the plaintiffs’ property. Their actions constituted a marked departure from ordinary standards of behavior, justifying punitive sanctions.

Final judgment and total award

Justice Jean-Paul Ouellette issued judgment for:

• $64,679.85 in damages

• $20,000 in punitive and exemplary damages

• $7,950 in legal costs under Rule 59, Scale 4, plus HST of $1,192.50

• $1,447.19 in disbursements

• $9,629 in pre-judgment interest (7% from July 26, 2023, to March 24, 2025)

The Court holds Forbes and KinderCollege fully accountable for the property damage, missed rent, and willful misconduct.