ARTICLE · 04 FEBRUARY 2025

Construction And Loss Of The Work: When Does The Countdown Start?

Robinson Sheppard Shapiro

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When it comes to prescription, it is often difficult to determine a starting point and a precise calculation...

CanadaReal Estate and Construction

When it comes to prescription, it is often difficult to determine a starting point and a precise calculation, especially when the damage or loss manifests gradually. This issue was analyzed in a very recent judgment rendered by the Honourable Marie Ève Bélanger in Syndicat des Copropriétaires du 600, de la Gare v. Village de la Gare S.E.C., Construction Corel (2005 Inc.) and 9119-4241 Québec Inc, 2024 QCCS 4692.

The case dealt with a four-storey condominium building with balconies on each floor, stacked one above the other. They were supported by wooden posts, covered with aluminum. The work was completed in August 2015, and the Syndicat initiated legal proceedings against the promoter and contractor in October 2021, leading the promoter and contractor to argue that this recourse was time-barred. The court concluded that their argument was ill-founded for the following reasons:

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