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ARTICLE · 19 DECEMBER 2012

Latent Defects: Shared Liability Between Experienced Purchasers And Manufacturers

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The Superior Court of Québec rendered an interesting judgment on the topic of the shared liability between purchasers and manufacturers.

CanadaConsumer Protection
Laura Penketh
Laura Penketh
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The Superior Court of Québec, presided by Justice Geneviève Marcotte, rendered an interesting judgment on the topic of the shared liability between purchasers and manufacturers in the case of De Luxe Produits de papier inc. c. Technical Adhesives Ltd, (De Luxe c. Technical).

De Luxe, a specialist in food packaging, had hired Technical to develop and manufacture an adhesive for its food packaging needs. De Luxe sued Technical for damages caused by having to recall its hamburger packaging due to a latent defect in the adhesive manufactured by Technical that caused residual odours in the food packaging.

De Luxe bases its recourse on the warranty of quality provisions in the Civil Code of Quebec as well as on the teachings of the Supreme Court in ABB inc. c. Domtar inc., where it was established that a defect is latent when it is serious, when it existed at the time of the sale and when it is hidden. In Québec, a defect is presumed to have existed at the time of the

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