Just recently, the Court of Appeal had to consider once again the notions of “loss of the work” and of “poor workmanship” within the meaning of Sections 2118 and 2120 of the Civil Code of Québec (“C.c.Q.”), outlining their distinctiveness1.
FACTS
In this instance, the Applicant, Société des vétérans polonais de guerre du Maréchal J. Pilsudski, alleged the existence of deficiencies and poor workmanship resulting from some work done on the brick cladding of a wall. The Applicant also sued the architect who prepared the plans and specifications, the structural engineer, and his firm, who designed and supervised the wall rehabilitation works; as well as the construction contractor specialized in masonry having executed the works.