Introduction
In May, the Court of Appeal of Quebec, in Troll
Gestionnaire inc. v. Landry (2024 QCCA 569), commented on the
assessment of the loss of future profits in a professional
liability suit brought against the officiating notary in the act of
sale of a commercial immovable.
It confirmed that the damage did not necessarily crystallize at
the time the fault was committed, and that it was preferable for
the Court to base itself on facts that could arise during the trial
rather than on projections, even those made in an expert accounting
report.
Facts
In 2012, Troll Gestionnaire inc. (the "Appellant"), a
corporation owned by the pharmacist Gagnon, acquired an immovable
(the "Immovable") for the purpose of opening a pharmacy.
In order to do so, however, it first had to terminate the leases of
the existing tenants. However, shortly before Troll Gestionnaire
inc. acquired the Immovable, a five (5)-year lease renewal had been
signed with the bar La Drafterie
