In a recent decision of the Court of Québec, a resident of the City of Montreal has been awarded damages of $ 8 735.00 after presenting his motion to claim, as it has proven that the roots of a tree belonging to the City of Montreal had infiltrated under the slab of the foundation of his house, causing extensive damage to his home.

Indeed, the Civil Code of Québec provides that a person entrusted with the custody of a thing is liable to reparation for injury resulting from the autonomous act of the thing, unless he proves that he is not at fault. The lawyer of the city of Montreal had to rebut the presumption of liability under the act what he failed to do.

Note that the Court of Quebec allowed in part the request of the resident since part of the work performed was the work of improvement and bringing added value to the building.

JE 2011-1283