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The Facts In the context of a project for the construction of a ten-storey condo building, the excavation contractor subcontracts the design and installation of a Berlin-type retaining wall (the “Wall”) to Phénix Maritime inc. (“Phénix”) which, in turn, subcontracts the design to Les Investigations Marcel Leblanc inc. (“IML”). Problems arise that substantially delay the […]

In Gélinas v. LG Constructions TR inc., rendered on October 30, 2025, the Court of Appeal comments on the legal framework governing a contractor unilaterally terminating two construction contracts. In particular, the Court clarifies the application of article 2129 of the Civil Code of Quebec (“C.C.Q.”), which provides, when applicable, that a client is bound […]

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 […]

In the matter of Desjardins Assurance générales inc. v. Imeubles Devler inc. rendered on May 9 of this year, the Court of Appeal overturned a Court of Quebec judgment and emphasized the importance of evaluating the liability of all parties in a chain of contracts under all applicable liability regimes, even in situations where the […]