Executive Summary: Key Legal and Evidentiary Issues

• Breach of a construction contract due to abandonment of the worksite by the contractor

• Failure to deliver or install pre-paid construction materials

• Admission of default by the defendant and absence of defense presentation at trial

• Evaluation of procedural abuse resulting in partial award of legal fees

• Tribunal’s application of articles 342, 1618, and 1619 of the Civil Code of Québec

• Assessment of credible witness testimony affirming the plaintiff’s unreimbursed losses

Facts and outcome of the decision

The plaintiff, Laurier Bouchard M.D. inc., hired Construction CRG inc. in June 2020 for a renovation project intended to convert a building into a gynecology clinic. During the project, the plaintiff paid the defendant a total of $23,920.59 for specific materials including ceiling tiles, plumbing supplies, and custom doors and windows. In the fall of 2020, the defendant abandoned the construction site without delivering or incorporating the materials into the work. Despite being formally put in default in February 2022, the defendant did not return the materials or compensate the plaintiff.

At trial, the defendant notified the court in advance that it would not present a defense. As a result, the court proceeded in its absence and declared its evidence closed under article 266 of the Code of Civil Procedure. Witnesses, including Laurier Bouchard and others involved in the project, confirmed that the materials were never integrated into the renovation or returned to the plaintiff. Contrary to claims made in the defendant’s written submissions, the materials were not abandoned at the construction site either.

In addition to the reimbursement for the materials, the plaintiff sought $12,706.90 in legal fees due to the defendant’s procedural misconduct. The court found evidence of dilatory tactics and abuses of process, including unnecessary delays and failure to participate meaningfully. However, it determined that some legal fees would have been incurred regardless of the defendant’s conduct. Applying article 342 of the Code of Civil Procedure, the court awarded $7,500 in compensatory legal fees directly attributable to the defendant’s misconduct.

The total amount granted by the court was $31,420.58. Interest was awarded from the date of the formal notice, in accordance with articles 1618 and 1619 of the Civil Code of Québec, which governs interest calculation and additional indemnity. The court also ordered the defendant to pay legal costs.