November 1, 2017 — In CNH Industrial Canada Ltd. c. Promutuel Verchères, société mutuelle d’assurances générales, 2017 QCCA 154, the Court of Appeal confirmed that the purchaser of a property stricken with a latent defect, who sues the professional seller or the manufacturer, benefits from a triple presumption against the latter: presumption that there is a latent defect, that it pre-existed the sale, and that there a causal link between the defect and the item’s malfunction or deterioration.
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