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A presumption that obliges the presumed liable to show that he or she was not at fault. This mechanism reverses the normal burden of proof: it will no longer be up to the victim to prove fault, but to the person who is presumed responsible for establishing that he did not commit one. This regime applies to situations well defined by the legislator. This applies in particular in matters of parental authority and in respect of the custodian of a thing.
13/11/2024
A recent decision by the Court of Québec provides important clarifications for co-ownership syndicates seeking to recover insurance deductibles from co-owners in the event of a claim. In this ruling, the Court dismissed a syndicate’s request for a co-owner to reimburse a deductible of $50,014.13 following water damage that occurred…...
23/07/2024
In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...