Executive Summary: Key Legal and Evidentiary Issues

• On or around June 20, 2022, a water damage incident occurred at a condominium unit at 3535, avenue Papineau, Montréal, when a bathroom faucet was left open with the drain plugged while water was shut off for building maintenance.
• Syndicat des copropriétaires Les Dauphins sur Parc sought $5,044.24 in damages from the co-owners of the affected unit, Diane Therrien and Denis Lapointe, who in turn called their tenant, Sara Giard, as warranty defendant.
• Liability of the co-owners was grounded in article 7.1.2 of the Declaration of Co-ownership, which holds each co-owner responsible for damage caused by their acts, negligence, or those of persons under their charge, including tenants.
• Civil liability under article 1457 of the Civil Code of Québec required proof of fault, damages, and a causal link between the two.
• Testimony from the building's general manager, Nancy Leroux, and the superintendent, Mr. Etem, established by preponderant evidence that Giard's negligence directly caused the flooding.
• A prior related judgment dated January 21, 2025, in Normand Desjardins c. Denis Lapointe et Diane Therrien, settled an overlapping claim arising from the same incident for $1,000.

Facts of the case

The Syndicat des copropriétaires Les Dauphins sur Parc (Syndicat) manages a condominium building located at 3535, avenue Papineau in Montréal. At the time of the events, Diane Therrien and Denis Lapointe (Therrien–Lapointe) were co-owners of unit [1] in that building, which they had leased to Sara Giard. On June 10 and June 16, 2022, the Syndicat sent notices to all co-owners and residents advising that a complete water shut-off would take place on June 20, 2022, starting at 7:00 AM, to allow Thermotech to perform maintenance on the heating system and replace valves on the domestic hot water tank; the shut-off was expected to last until 4:00 PM. The water was cut at approximately 7:00 AM and restored around 12:30 PM the same day.

Shortly after the water was restored, Nancy Leroux, then the building's general manager, was notified by the owners of unit [2] that water was dripping from their ceiling. She went immediately to unit [1] and found that the bathroom sink faucet had been left fully open with the drain plug closed. The rush of returning water had caused the sink to overflow, flooding units [2] and [3] located below. Leroux promptly contacted the cleaning crew, who began remediation. The building superintendent, Mr. Etem, also attended the scene and filed a report confirming Leroux's account, supported by photographs entered into evidence.

A formal demand letter was sent on March 1, 2024, which was denied, prompting the Syndicat to commence the present proceedings.

Applicable contractual and statutory provisions

The Syndicat grounded its claim in article 1074.2 of the Civil Code of Québec, which limits the Syndicat's ability to recover amounts paid for deductibles and property repairs from co-owners through common charges, but preserves the right to claim damages from a co-owner whose fault, or the fault of a person or thing under their responsibility, caused the loss. Article 7.1.2 of the Declaration of Co-ownership was also central to the dispute; it expressly provides that each co-owner is responsible to other co-owners for the harmful consequences of their own acts or negligence, and equally for those of their agents, guests, family members, or persons legally under their responsibility. The court also relied on articles 2803 and 2804 of the Civil Code of Québec, which govern the standard of proof — requiring that the existence of a fact be more probable than its absence — and on article 1457, which sets out the general duty not to cause injury to others and the obligation to repair damage caused by one's fault or by persons or things under one's charge.

Court's reasoning and analysis

Therrien–Lapointe contested the claim, arguing that responsibility lay entirely with their tenant Giard under the residential lease. Giard, for her part, denied having opened the faucet or closed the drain. The court, however, found the testimony of Leroux and the superintendent's written report sufficiently credible and consistent to meet the preponderant evidence standard. The prior judgment in Normand Desjardins c. Denis Lapointe et Diane Therrien (docket no. 500-32-721838-235), rendered by the Honourable Gilles Lareau, J.C.Q. on January 21, 2025, arose from the same incident and described the fault as leaving the faucet running at full flow with the stopper engaged while the water supply was interrupted, then vacating the unit — conduct identified as clearly negligent and the direct cause of the damage. That settlement, homologated as a judgment, required Therrien–Lapointe to pay $1,000 in full and final settlement to the plaintiff in that matter.

In the present proceedings, the court held that the Syndicat had met its burden of proof against Therrien–Lapointe as co-owners of unit [1] by virtue of article 7.1.2 of the Declaration of Co-ownership. It further held that Therrien–Lapointe's warranty action against Giard was well-founded in both fact and law: the evidence established that Giard, as tenant, had committed the negligent act that directly caused the flooding and resulting damage.

Ruling and outcome

The court found in favour of the Syndicat. Rather than ordering Therrien–Lapointe to pay — the Syndicat's primary defendants — the court condemned Sara Giard directly to pay the Syndicat des copropriétaires Les Dauphins sur Parc the sum of $5,044.24, together with interest at the legal rate plus the additional indemnity provided under article 1619 of the Civil Code of Québec, calculated from March 1, 2024, the date of service of the formal demand, as well as court costs of $312 representing the judicial stamp fee. The judgment was rendered by the Honourable Brigitte Gouin, J.C.Q. on May 27, 2026, following a hearing held on May 11, 2026.