Montréal (Ville de) v. Compagnie d’assurances Coseco, 2016 QCCA 2062
The Court of Appeal reversed a decision finding the City of Montreal (the “City”) liable on grounds that the trial judge committed an error of law in the application of the presumption under article 1465 of the Civil Code of Québec (“CCQ”).
Relevant Facts
By a decision rendered on June 10, 2015, the City was ordered to pay damages as a result of a water main breakage on November 8, 2012.
The City appealed this judgement on grounds that the trial judge committed errors of law in her interpretation of Article 1465 CCQ, in particular that she did not consider the evidence that was heard rejecting the presumption of liability of the custodian of a thing as provided in the said article.