City of Quebec v. Picard

City of Quebec v. Picard

A buried watermain is a 'building' or construction under Civil Code art.1055; the pipe burst constituted the ruin of that construction caused by an original construction defect; having been pleaded by the City, that defect established the applicability of art.1055 and the City is strictly liable absent clear proof of superior force or plaintiff's fault, which was not shown; therefore the appeal is dismissed and the judgment below affirmed.

Citation
[1972] SCR 227
Parties
Defendant Appellant: City of Quebec; Plaintiff Respondent: J. Lucien Picard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1971
Procedural Posture
Tort Appeal (municipal Liability) / Appeal to the Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs.
Legal Topics
Ruin of a Building, Construction Defect Liability, Strict Liability of Owner Under Art.1055, Watermain Failure, Art.1053, Art.1054, Pleadings and Judicial Admission
Source Language
English
Torts Civil Law (quebec) Municipal Liability Ruin of a Building Construction Defect Liability Strict Liability of Owner Under Art.1055 Watermain Failure Art.1053 +2 more

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Parties

City of Quebec

Defendant Appellant

J. Lucien Picard

Plaintiff Respondent

Procedural Posture

Tort Appeal (municipal Liability) / Appeal to the Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether a buried watermain constitutes a "building" or "construction" under Civil Code art.1055
  2. 2 Whether the bursting of the pipe amounted to the "ruin" of that construction caused by an original construction defect
  3. 3 Whether the City is liable absent proof of superior force or fault by the plaintiff

Ratio Decidendi

A buried watermain is a 'building' or construction under Civil Code art.1055; the pipe burst constituted the ruin of that construction caused by an original construction defect; having been pleaded by the City, that defect established the applicability of art.1055 and the City is strictly liable absent clear proof of superior force or plaintiff's fault, which was not shown; therefore the appeal is dismissed and the judgment below affirmed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment below affirmed; damages of $3,269.29 awarded to respondent.