Desgagné v. Fabrique de la paroisse St-Philippe d’Arvida

Desgagné v. Fabrique de la paroisse St-Philippe d’Arvida

Where construction defects are gradually revealed prescription for an action under Civil Code art.1688 begins to run from the expiry of the five-year warranty period in art.1688 (i.e. five years from acceptance/completion), so the Fabrique's action was not prescribed; architects, engineers and contractor are jointly and severally liable under art.1688 for the work in which they participated, but the architect alone is liable for the dome which was separately contracted and whose manufacture/installation he supervised or accepted.

Citation
[1984] 1 SCR 19
Parties
Appellant (architect; Cross Respondent): Lauréanne Harvey Desgagné (executrix of the estate of Léonce Desgagné); Appellant Respondent (owner/plaintiff): La Fabrique de la paroisse de Saint-Philippe d’Arvida; Respondent (general Contractor): Les Immeubles Murdock Limitée; Respondent (structural Engineer): Ernest Dauphinais; Respondent (structural Engineer): Guy Bélanger
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 February 1984
Procedural Posture
Civil (construction Defect; Action for Damages; Prescription) / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal (final Appeal)
Outcome
Appeal of Lauréanne Harvey Desgagné dismissed; appeal of La Fabrique de la paroisse de Saint-Philippe d’Arvida allowed; judgments of Superior Court and Court of Appeal set aside in part; action allowed in part.
Legal Topics
Architect/engineer/contractor Liability, Prescription Start Date for Gradually Revealed Defects, Joint and Several Liability, Damages and Mitigation, Statutory Interpretation of Civil Code Arts.1688 and 2259
Source Language
English
Civil Law Construction Law Professional Liability Prescription/limitations Law Architect/engineer/contractor Liability Prescription Start Date for Gradually Revealed Defects Joint and Several Liability Damages and Mitigation +1 more

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Parties

Lauréanne Harvey Desgagné (executrix of the estate of Léonce Desgagné)

Appellant (architect; Cross Respondent)

La Fabrique de la paroisse de Saint-Philippe d’Arvida

Appellant Respondent (owner/plaintiff)

Les Immeubles Murdock Limitée

Respondent (general Contractor)

Ernest Dauphinais

Respondent (structural Engineer)

Guy Bélanger

Respondent (structural Engineer)

Procedural Posture

Civil (construction Defect; Action for Damages; Prescription) / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal (final Appeal)

Legal Issues

  1. 1 When does prescription begin to run under Civil Code art.2259 where construction defects are gradually revealed?
  2. 2 Whether defects to walls and dome were gradually revealed for prescription purposes
  3. 3 Whether architects, engineers and contractor are jointly and severally liable under art.1688

Ratio Decidendi

Where construction defects are gradually revealed prescription for an action under Civil Code art.1688 begins to run from the expiry of the five-year warranty period in art.1688 (i.e. five years from acceptance/completion), so the Fabrique's action was not prescribed; architects, engineers and contractor are jointly and severally liable under art.1688 for the work in which they participated, but the architect alone is liable for the dome which was separately contracted and whose manufacture/installation he supervised or accepted.

Court Disposition

Appeal of Lauréanne Harvey Desgagné dismissed; appeal of La Fabrique de la paroisse de Saint-Philippe d’Arvida allowed; judgments of Superior Court and Court of Appeal set aside in part; action allowed in part.

Orders

  • Lauréanne Harvey Desgagné, Les Immeubles Murdock Limitée, Ernest Dauphinais and Guy Bélanger jointly and severally condemned to pay La Fabrique de la paroisse de Saint-Philippe d’Arvida $255,774.99 with interest from date of service and costs
  • Lauréanne Harvey Desgagné further condemned to pay La Fabrique de la paroisse de Saint-Philippe d’Arvida $58,000 with interest from date of service and costs