2019 QCCQ 6239, 2019 QCCQ 6239

Kwok c. Belcourt Properties Inc. 2019 QCCQ 6239 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-703749-178 DATE: August 7, 2019 ______________________________________________________________________ BEFORE THE HONOURABLE ENRICO FORLINI, J.C.Q. ______________________________________________________________________ CHIU KWOK Plaintiff v. BELCOURT PROPERTIES INC. Defendant/Plaintiff in warranty and LAVALLÉE-DUFOUR INC.

Defendant in warranty ______________________________________________________________________ JUDGMENT ON THE ACTION IN WARRANTY ______________________________________________________________________ [ 1 ] On April 11, 2015, the toilet in Mrs. Kwok’s condominium unit ruptured, causing water to spread throughout the residence and thereby causing damages to her property. [ 2 ] In November 2017, Mrs.

Kwok filed a claim in damages against Belcourt Properties Inc. (“ Belcourt ”), from whom she purchased her condominium unit, claiming $6,968.72 for the damages caused to the property by the ruptured toilet. [ 3 ] Belcourt contested the claim and also called hold into warranty Lavallée-Dufour Inc. (“ Lavallée ”), a subcontractor who performed the plumbing work and supplied the toilet which was installed in and sold with the condominium unit purchased by Mrs. Kwok. [ 4 ] Lavallée did not defend on the merits the action in warranty and it proceeded by default. [ 5 ] On the day of the trial, Mrs.

Kwok and Belcourt settled the principal claim out of Court by entering into a transaction agreement whereby Belcourt agreed to pay to Mrs. Kwok $6,000 in full and final settlement of her claim. This transaction agreement was homologated by the Court. [ 6 ] Notwithstanding the settlement of the principal claim, Belcourt asks the Court to render a judgment on its action in warranty against Lavallée. Issues

a) Did Lavallée breach its obligations towards Belcourt pursuant to the Construction Subcontract?

b) If so, what are the damages suffered by Belcourt? Analysis and Decision

a) Did Lavallée breach its obligations towards Belcourt pursuant to the Construction Subcontract? [ 7 ] Belcourt is a company which acts as a promoter of real estate construction projects, including residential condominium buildings. [ 8 ] In the instant case, Belcourt acted as the promoter and general contractor for the construction of a condominium building located in Montréal on Mayor Street (hereinafter the “ Immovable ”). [ 9 ] Lavallée acted as a subcontractor to Belcourt for the construction of the Immovable further to a contract of enterprise and for services entered into by the parties whereby Lavallée agreed to execute all the plumbing work and supply and install all the plumbing equipment in the condominium units, including toilet bowls of the Immovable (“ Construction Subcontract ”). [1] [ 10 ] By deed of sale dated July 11, 2014, Belcourt sold to Mrs.

Kwok a new condominium unit in the Immovable. [2] [ 11 ] On April 11, 2015, the toilet in one of the bathrooms of Mrs. Kwok’s condominium unit cracked, causing water to disperse

throughout the unit. The water caused significant damages to the flooring and other portions of the residence. [3] [ 12 ] By letter dated April 14, 2015, Belcourt notified Lavallée of the rupture of the toilet in Mrs. Kwok’s condominium unit and informed it that it was holding it liable for the damages suffered by Mrs. Kwok. [4] [ 13 ] By demand letter dated September 7, 2015, Mrs.

Kwok enjoined Belcourt to pay $6,968.72 for the damages caused to her condominium unit following the rupture of the toilet. [5] [ 14 ] The Construction Subcontract between Lavallée and Belcourt is notably governed by articles 2098 and ff. of the Civil Code of Québec (“ C.C.Q . ”). [ 15 ] As a supplier of materials included in the construction of the Immovable, Lavallée had the obligation to supply materials of good quality and is bound towards Belcourt to respect the warranty of quality codified in

article 1726 C.C.Q. with respect to the goods it supplies. [6] [ 16 ] The toilet bowl supplied and installed by Lavallée in Mrs. Kwok’s condominium ruptured only nine months after she purchased this new property. [ 17 ] A toilet which ruptures nine months after it was purchased constitutes a case of premature deterioration. [ 18 ] Considering that Lavallée is a professional vendor, this premature deterioration triggers the presumption of liability which exists under

article 1729 C.C.Q. [7] [ 19 ] Given that Lavallée did not attend the trial and thus did not rebut the presumption of liability, it is liable towards Belcourt as the rupture of the toilet constitutes a breach of the warranty of quality.

b) If so, what are the damages suffered by Belcourt? [ 20 ] Pursuant to the transaction agreement reached between Belcourt and Mrs. Kwok in the principal claim, Belcourt agreed to pay $6,000 in full and final settlement of her claim. [ 21 ] Given the circumstances of this case, the amount paid by Belcourt to settle the principal demand is reasonable. [8] [ 22 ] Accordingly, given that the rupture of the toilet constitutes a breach of the warranty of quality which Lavallée owed to Belcourt under the Construction Subcontract, and considering the reasonableness of the settlement amount paid by Belcourt to Mrs.

Kwok to settle the principal claim, Belcourt’s claim in warranty is well founded and Lavallée will be condemned to pay it the amount Belcourt paid to settle Mrs. Kwok’s claim. FOR THESE REASONS, THE COURT: [ 23 ] GRANTS Belcourt Properties Inc.’s claim in warranty against Lavallée-Dufour Inc.; [ 24 ] CONDEMNS Lavallée-Dufour Inc. to pay to Belcourt Properties Inc. $6,000 in damages with interest at the legal rate and the additional indemnity provided for in

article 1619 of the Civil Code of Québec , as of the date of this judgment; [ 25 ] WITH COSTS of $250 payable by Lavallée-Dufour Inc. to Belcourt Properties Inc. __________________________________ ENRICO FORLINI, J.C.Q. Date of hearing: June 10, 2019