A bathtub or a washing machine that overflows into the apartment below, a hot water tank that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in recent years.
Worse still, some insurers no longer want to insure co-ownerships, because of a loss ratio that has become out of control. This situation is directly related to the insurer of the syndicate, which is almost always called upon to cover a loss, when damage has been caused to the common and private portions. Thus the question of who is responsible arises. It is also necessary to know the applicable law to the owner at fault. Other considerations affect both the insurer of the syndicate and those of the co-owners concerned, to determine who will pay what?
September 21, 2016 – on August 19, 2016, an interesting decision has been rendered by the Court of Québec (Honorable Pierre A. Gagnon, j.c.q.). It retains the liability of a contractor holding of a license from the Régie du bâtiment du Québec(Quebec Building Board) and operating since 1998, and condemned him to pay damages including damages to compensate the moral prejudice suffered by his clients, based on Charter of human rights and freedoms. Here are the facts.