Court of Appeal of Quebec

9192-2401 Québec inc. (Fabrication Pro-Fab) c. Villeneuve (Immeubles Jolika)

July 11, 2018

200-09-009338-168 et 200-09-009339-166

Chamberland, Bélanger et C. Gagnon

Appeals from a judgment of the Superior Court dismissing actions for damages. Dismissed.

Article 1854 of the Civil Code of Québec (S.Q. 1991, c. 64) (C.C.Q.) sets out the lessor’s obligations of result (first paragraph) and of warranty (second paragraph) towards the lessee with respect to the good state of the leased property at the beginning of the lease and throughout its term. This provision does not, however, create a presumption of fault or of liability against the lessor. Moreover and in particular, it in no way exempts the lessee from demonstrating that his or her injury arises from a defect or a deficiency in the leased property. In this case, the appellants have not discharged this burden. The evidence does not establish either the specific location where the fire began or the cause of the fire. In the circumstances, the trial judge correctly found that art. 1854 C.C.Q. does not apply.

*Summary by SOQUIJ
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