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    • Services
      • Class Actions
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      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
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    • Philosophy
      • Protection of your rights
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    • Legal Fees
      • Percentage
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      • Legal Aid
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    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
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The presumption of responsibility: the fact of the goods

You are here: Home / Civil liability / The presumption of responsibility: the fact of the goods

In Quebec, it is normally the person claiming the damages who has the burden of proof. In other words, it is the victim who must prove the three elements of civil liability: the existence of fault and damage, and the causal link between the two.

However, the Civil Code of Québec provides for some exceptions for which the burden of proof is reversed. In these situations, the person from whom the victim claims damages is presumed liable and must provide evidence to rebut this presumption. This is the case with liability for the act of others and for the fact of property.

In the text below, Me Lambert explains how the presumption of liability for fault caused by property works.

Responsibility for the fact of a property

tree-accident

According to article 1465 of the Civil Code of Québec, the custodian of a property may be held liable for the autonomous fact of the property:

The custodian of a property is obliged to make reparation for the damage caused by the autonomous act of the property, unless he proves that he has committed no fault.

Please note that special attention should be paid to three words used in this article: “custodian”, “autonomous” and “good”.

Custodian or owner?

First, please note that the Code uses the word “custodian” and not “owner” because the person who will be presumed responsible for the fault caused by the property does not necessarily own it. Indeed, it is the Court that will determine the identity of the custodian of the property by analysing who, at the time when the damage took place, had the power of control, supervision and direction of the property.

An autonomous fact

Next, the fact that caused the damage must be “autonomous”, that is to say, it must not have had any direct intervention on the part of the custodian or a third party.

In addition, the property must have its own activity. It cannot have remained purely passive during the event causing the damage; there must be an element of dynamism.

This is why, for example, a fall on a slippery sidewalk is not framed in the cases of article 1465 and there is no presumption of fault: the sidewalk does not move, it remains passive.

The type of property

The definition of “property” is broad. It includes movable, immovable, tangible (tangible property is material property, which can be touched) and intangible property.

A presumption of fault

Please note that this is a presumption of fault, not liability, which means that the custodian of the property can release himself from liability by demonstrating that he has not committed a fault.

Therefore, if the custodian can demonstrate that he has taken all reasonable precautions to avoid foreseeable dangers, or if he proves that the damage results from force majeure, due to a third party or the victim himself, he will not be held responsible for the damage caused.

Take the case, for example, of a diseased tree, which carries several mushrooms, and falls on the neighbor’s garage and causes harm. The guardian of the tree, in this case the owner of the land on which the diseased tree was located, is responsible for the damage caused.

However, in a Court of Québec case, the custodian of the tree was not found responsible for the harm caused. His tree fell, after strong winds, on his neighbor’s garage. But the difference in this case is that he had asked the City for permission to cut down the tree, but was refused by the City because the tree was healthy. The Court found that the custodian had not committed any fault and that he could not prevent or prevent the fact that caused the damage.

Special cases

The Civil Code of Québec provides for certain specific cases for damage resulting from an animal or the ruin of an immovable.

Liability resulting from the fact of an animal

The owner and/or custodian of the animal are responsible for the damage caused by the latter, even if they have taken all necessary precautions to prevent it. So, in this case, it is a presumption of responsibility, not fault.

The owner and the guardian can only release themselves from liability if they prove that the damage was caused by force majeure, the fault of the victim or the fault of a third party.

Liability resulting from the ruin of a building

The owner of a building is presumed liable for damage caused by the ruin of the building, either due to a construction defect or because of a lack of maintenance.

The onus is on the victim to prove negligence on the part of the owner, to demonstrate the harm suffered, and to establish the causal link.

On the other hand, the owner of the building may, in order to release his responsibility, provide evidence to show that he took the necessary precautions and that the accident was not the result of a fault on his part (for example, that the accident was caused by force majeure).

Prosecuting a person presumed liable for the fault of a property

If you have suffered damage caused by the autonomous fact of property, you may be entitled to claim damages from those who are presumed to be responsible for it. The burden of proof will be reversed, but you will still have several elements to prove. We advise you not to delay in acting and to bring all possible evidence.

Remember that our articles contain general explanations of the law and the situations mentioned are by way of example. The particular circumstances of your case can greatly vary your chances of success and a lawyer will help you maximize them. Contact our office now so that we can do an analysis of your file.

To not miss our next articles, check out our weekly legal capsules on different legal topics on our Facebook page!

Related posts:

  1. Responsibility of a babysitter or daycare
  2. Frostbite in young children: the responsibility of daycare
  3. Presumption of occupational diseases
  4. The action for defamation
Previous Post: « Psychotherapy for the victim of crime
Next Post: Guide to writing a letter of formal notice »

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