An overflowing washing machine, a bathtub leaking into the unit below, or a water heater bursting and flooding several floors — losses are frequent in co-ownership properties, and their consequences are often costly. These events, sometimes unforeseeable, not only lead to significant repairs but also to complex disputes between co-owners, syndicates, and insurers. Faced with this reality, many syndicates seek to recover uninsured amounts — whether it be the insurance deductibles or uncovered repairs — when a loss results from the fault or negligence of a co-owner.
Two types of liability to distinguish
In this context, it is essential to understand the two civil liability regimes provided for in the Civil Code of Québec:
Understanding civil liability in the event of a loss
To better understand the issues surrounding co-owners’ civil liability in the event of a loss, we offer a series of practical sub-sheets that explain — in light of the Civil Code of Québec, doctrine, and case law — who must bear the costs, and under what circumstances.
