2015 QCCQ 144, 2015 QCCQ 144

Stevens c. 9259-8564 Québec inc. (Depotium) 2015 QCCQ 144 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No. 500-32-135547-125 DATE: January 5, 2015 ______________________________________________________________________ PRESIDED BY JUDGE HENRI RICHARD J.C.Q. ______________________________________________________________________ TRACEY STEVENS Plaintiff v. 9259-8564 QUÉBEC INC. (DEPOTIUM) Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] In February and April 2012, Tracey Stevens rented two storage spaces from 9259-8564 Québec inc. ( Depotium ). [ 2 ] In late May 2012, Ms Stevens’ stored property was damaged by water from a backed-up sewer. [ 3 ] Depotium contends that this was a case of superior force on the grounds that the sewer had backed up on a day when Montréal was hit by torrential rains.

Question in dispute [ 4 ] Does the sewer backup that damaged the property stored by Ms Stevens with Depotium constitute a case of superior force? Context and analysis [ 5 ] Tracey Stevens is claiming $7,000 from Depotium for damage to her property as a result of this sewer backup. On the basis of her documentary evidence and testimony, Ms Stevens showed that she actually sustained $7,000 worth of damage. [ 6 ]

Article 1854 of the Civil Code of Québec ( C.C.Q .) stipulates that a lessor is, in particular, bound to provide a lessee with peaceable enjoyment of the leased property throughout the term of the lease. [ 7 ] According to case law, the lessor can only escape his or her obligation of result to provide enjoyment of the premises by proving superior force or the fault of a person for whom he or she is not liable. [1] [ 8 ] To escape its liability, Depotium invoked superior force, pursuant to

article 1470 C.C.Q.: 1470. A person may free himself from his liability for injury caused to another by proving that the injury results from superior force, unless he has undertaken to make reparation for it .

Superior force is an unforeseeable and irresistible event, including external causes with the same characteristics . [ 9 ] According to case law, torrential rains or a sudden rise in water level caused by steady rains do not constitute superior force. [2] [ 10 ] Also, it is decided that a lessor cannot invoke superior force in the event of strong, even recurrent rains if he or she has failed to equip his or her immovable with a check valve in accordance with municipal bylaws. [3] [ 11 ] It is true that Montréal was hit by strong rains on May 29, 2012.

However, Depotium failed to demonstrate that this was a case of exceptional torrential rain, whose reoccurrence is rare.

[ 12 ] Given all of the above, the Court concludes that the damage to Tracey Stevens’ property was not due to superior force, but to a defect affecting Depotium’s immovable, with the result that Ms Stevens could not obtain peaceable enjoyment of the leased premises. THEREFORE, the Court: GRANTS Tracey Stevens’ claim against 9259-8564 Québec inc. (Depotium); CONDEMNS 9259-8564 Québec inc. (Depotium) to pay to Tracey Stevens $7,000 with interest at the legal rate, plus the additional indemnity provided for in

article 1619 of the Civil Code of Québec as of June 15, 2012; CONDEMNS 9259-8564 Québec inc. (Depotium) to pay to Tracey Stevens $163 as court costs. __________________________________ Henri Richard, J.C.Q. Date of hearing: November 24, 2014