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ARTICLE · 10 JULY 2019

Extinctive Prescription And Gradual Damage: What Is The Starting Point?

In the Lacour v. Construction D.M. Turcotte TRO inc. decision delivered in June 2019, the Court of Appeal of Québec distanced itself from the established traditional principles relating to prescription (limitation of actions)...

CanadaLitigation, Mediation & Arbitration

In the Lacour v. Construction D.M. Turcotte TRO inc.1 decision delivered in June 2019, the Court of Appeal of Québec distanced itself from the established traditional principles relating to prescription (limitation of actions) when damage manifests itself gradually or after a period of time. The Court concluded that the three-year prescription period within such context begins when the cause of the damage is known.

In this case, the appellants (the owners) waited more than 10 years after the first cracks appeared in their home to seek the advice of an expert. After receiving the expert's report on the cause of the cracks, the owners sued the contractor for the defects in the construction of the home. The contractor then filed a motion to dismiss on the ground that the statutory time limit had expired.

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