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208

No presumption of lessor’s liability in case of fire

In 9192-2401 Québec inc. (Fabrication Pro-Fab) c. Villeneuve (Immeubles Jolik), 2018 QCCA 1143, the Court of Appeal underlined that in a claim by a lessee against a lessor, in virtue of article 1854 CCQ, the lessee must prove that the damages were caused by either a defect, a default or a failure of the leased property.

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208

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Articles in the same category

When the Remedy Becomes the Dispute: Medical Liability Under Scrutiny

In the case N.L. v. Mathieu, 2025 QCCS 517, the Superior Court dismissed a medical liability lawsuit filed by a teacher against her former family doctor, in which she sought over $1.9 million in damages. The plaintiff accused her doctor of having inappropriately prescribed medication over several years, without proper follow-up and without informing her […]

Bill 89 and the Future of Labour Disputes in Quebec

Passed by the National Assembly on May 29, 2025, Bill 89 (An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out, hereinafter the “Bill”) will come into force on November 30, 2025. The Bill, which has faced strong opposition from unions, will bring significant […]

Latent Defects: Notice Must Be Given, but to Whom, When and How? The Court of Appeal Answers

On this past September 26, in the context of a claim for latent defects, in the matter of Meyer v. Pichette (Estate of Morin), 2025 QCCA 1193, the Court of appeal confirmed a Superior Court judgment which dismissed proceedings in warranty brought against former vendors as sufficient notice of the defects was not provided prior […]

You Should Not Believe Everything you Read on Social Media…

In a recent decision, Boucal v. Rancourt-Maltais, the Superior Court reviewed the principles applicable to defamation cases. Facts The Defendant is a member of a private Facebook group called “Féministes Bas-St-Laurent”. In this group, Ms. Khadidiatou Yewwi allegedly posted testimony about the Plaintiff. Stating that she was troubled by the testimony and had herself heard […]

The Window of Conflict and Police Officers

In the case of Souccar v. Pathmasiri, rendered on June 11, the Quebec Superior Court was called upon to decide on a civil liability claim regarding an allegedly abusive arrest and detention. The dispute arose from a condominium disagreement concerning the installation of windows. Police Intervention In July 2016, window installers hired by the condominium […]

Same Approach, Same Result… Yet Again!

Last June, we published a newsletter following the decision rendered in Michel Grenier v. Me Julie Charbonneau, Roger Picard and Conseil de discipline de l’Ordre des psychologues du Québec. This decision followed the filing by the Defendants of Motions to Dismiss, which were granted by the judge of the Superior court. At the time the […]