In Syndicat de la copropriété Kubik phase 2 v. Orleans, 2026 QCCQ 4153, the Court of Québec considered the liability of a co-owner who caused water damage. The decision reiterates the conditions under which a syndicate of co-owners may recover costs arising from a loss from a co-owner, as well as the evidentiary requirements applicable to the proof of damages. …

The Decision In a rare case departing from Progressive Homes[1], the Superior Court, per the Honourable Bernard Larocque, J.S.C.[1], dismissed a Wellington-type Motion and confirmed that a claim grounded on latent defects does not automatically trigger a civil liability insurer’s duty to defend. Indeed, absent damages resulting from an “occurrence” within the meaning of the insurance policy, the insurer is …

Introduction On November 13, 2025, the Court of Appeal[1] reversed a judgment of the Superior Court[2] and ordered the ministère des Transports du Québec (“MTQ”) to pay the amount of $379,261.08[3] to the general contractor Construction BSL inc. (“BSL”). Both Courts agreed that the MTQ had withheld critical information from bidders regarding the condition of the land where the work …

The Facts Giving Rise to the Insurance Claim In this case[1], Gilles Gauvin and France Boislard, owners of a residence in Montréal, suffered damage when an ash tree fell onto their house. The tree damaged a roof covered with an Ondura-type roofing material. The plaintiffs submitted a claim to their insurer, Intact Insurance. Intact suggested that the insureds retain their …

Legal Commentary In Investissements immobiliers PB inc. v. Syndicat des copropriétaires de la Résidence condominium du Jardin des Sables phase I[1], the Court of Appeal clarified the conditions required to modify the destination of an immovable held in co-ownership. It also defined the limits of a co-ownership syndicate’s regulatory powers. The immovable in question, administered by the defendant, the Syndicate …

Change of Use and Declaring Co-Ownership: Testing a Building’s destination In the case of SSDL Immobiliers inc. c. Syndicat des copropriétaires du 285 Place d’Youville, 2025 QCCS 291 , the Superior Court clarified the principles applicable when a syndicate of co-owners and its board of directors are called upon to decide on work aimed at converting the use of a …

On July 11, 2024, the Court of Appeal rendered its decision in Société d’assurance Beneva Inc. v. Céramique Décor M.S.F. Inc. et al. This case concerned a subrogatory recourse for water damage caused by the breakage of a flexible pipe located underneath a faucet in a bathroom. The corrosion which caused the breakage was the result of a combination of …

Introduction The Court of Appeal[1] upheld the trial level judgment ordering an insurer, pursuant to a Wellington Application, to defend its insured for the complete claim, including an injunction and the punitive damages which were specifically excluded from coverage. Facts The third-party claimant initiated a recourse in damages against the insured of Promutuel Vallée du St-Laurent, société mutuelle d’assurance générale …

In a second judgment on this issue[1],the Court of Appeal has settled it: an insured, whose defence is entirely assumed by a civil liability insurer, cannot force another insurer to assume his defence and share the cost between insurers. A Wellington Application is not the appropriate proceeding to share the defence cost between insurers.  1. Context of the Lavoie judgment: …

INTRODUCTION The purpose of the rules governing public calls for tenders is to ensure the fairness of the contract award process according to the theory of contracts A and B1. Two objectives are involved here: 1) fairness between bidders and 2) the best management of public funds by the award of contract B to the lowest compliant bidder. A more …