Executive Summary: Key Legal and Evidentiary Issues

• The court rendered judgment by default because 9270-0723 Québec inc. failed to respond to the lawsuit.
• Biard's claims centered on alleged breaches of a residential sale contract and its accompanying specifications document (devis).
• Evidentiary issues arose repeatedly over whether invoices, verbal estimates, and testimony satisfied the balance-of-probabilities standard.
• Several claimed items, including gutters, a land-transfer-tax reimbursement, a propane line, and an air conditioner, were dismissed for insufficient proof.
• A separate contractual dispute involved interpreting a notarial sale clause governing funds held in the notary's trust account.
• Ultimately, the court ordered 9270-0723 Québec inc. to pay Biard $81,221.91 plus legal interest from January 22, 2024.

Facts of the case

In March 2021, Jonathan Biard purchased from 9270-0723 Québec inc., a residential homebuilder, a lot with a house to be constructed on it. The notarized deed of sale incorporated, subject to any inconsistency, a preliminary contract signed in February 2021, which in turn incorporated the specifications listed in a devis dated November 2020. That devis stated that any item not mentioned in it or its annexes was excluded from the sale. 9270 operates alongside Groupe Chevarie Construction, both companies being controlled by Sébastien Chevarie. According to the introductory facts, 9270 delivered the residence in July 2022, two weeks behind schedule; the judgment's later discussion of Biard's rental claim, however, refers to delivery having occurred on July 15, 2021, so the exact delivery date is not entirely clear from the document as presented. When Biard moved in, the home was not fully ready for habitation: it was not connected to the municipal water system or to Hydro-Québec's distribution network, and systems such as ventilation and water filtration were not functional. Several items included in the devis were also missing or deficient, and 9270 refused or failed to correct most of these issues despite Biard's requests. In December 2023, Biard filed suit, later amended on January 29, 2026, claiming $114,225.92, part of which he sought to recover by having a notary release $90,980.82 she held in trust from the sale price. Because 9270 failed to respond to the proceeding, the matter proceeded by default.

Contractual terms and clauses at issue

Several clauses of the sale and preliminary contracts were central to the dispute. Clause 10(a) of the deed of sale contained 9270's declaration that the property was free of any mortgage. Clause 1 of the February 2021 preliminary contract bound the seller to build the home according to the plans and specifications of model home number 3280 (Plan Drummond), with the devis itself listing items such as site grading, a septic system and well, and a propane generator as included features. Clause 14 of the deed of sale stated that the sale price of $524,472.15 was acknowledged as received by the seller, with a final discharge given to the buyer, while also providing that funds received from the buyer would be held in trust and released to the seller only once the deed was published without any adverse registration. The court found that this clause meant payment occurred at the signing of the deed of sale rather than at delivery or acceptance of the work, and that 9270 had already been given a discharge for the price.

The court's reasoning and analysis

The court characterized the agreement as a contract of sale that, because it involved a builder selling land together with a residential building to be constructed, was also subject to the contractor warranty rules under the Civil Code, including the warranty against malfaçons (defects) existing at acceptance or discovered within the following year. Citing Verville c. Poirier, 2021 QCCA 124, the court noted that any departure from the plans and specifications that lowers construction quality constitutes a malfaçon, whether or not the defect is apparent. Applying this framework, the court reviewed each head of claim individually. It awarded amounts where Biard proved an actual loss tied to the devis or contract, such as the $10,000 paid to settle a subcontractor's legal mortgage, $30,698.33 for site grading work, and $6,720.29 for a water treatment system, while rejecting amounts tied to an unproven UV sterilization system. It dismissed claims for gutters, a land-transfer-tax reimbursement, a propane line, and an air conditioner where the evidence (or lack of supporting documentation) did not establish the claim on a balance of probabilities. For future repair costs such as foundation parging, bathroom and shower flooring, and a laundry sink, the court found Biard had established the future need and a reasonable cost estimate. On the interior painting claim, the court found the full repainting unnecessary and reduced the amount by 30%, awarding $7,900 of the $11,267.55 claimed. For work Biard performed himself, the court reduced the $8,020 claimed to $3,000, citing overlap with the painting claim and an unjustified overtime rate. It awarded the full $10,000 claimed for troubles and inconvenience under article 1607 C.c.Q., finding Biard's testimony about the difficulties he experienced credible. On interest, the court fixed the starting date at the date of service of the proceeding, January 22, 2024, in the exercise of its discretion under article 1618 C.c.Q. Regarding the $90,980.82 held in the notary's trust account, the court held that because payment had already been completed under clause 14, Biard had renounced any right of retention and could not invoke the exception for non-performance, since he had fully performed his own obligation by paying the price.

Ruling and overall outcome

The Superior Court partially allowed Jonathan Biard's amended action and dismissed his request to have the notary, Me Stéphanie Paquette, return the $90,980.82 held in trust, finding that sum belonged to 9270-0723 Québec inc. but remained an available asset against which Biard could enforce the judgment. As the successful party on the merits, Biard was awarded a judgment condemning 9270-0723 Québec inc. to pay him $81,221.91, with interest at the legal rate from January 22, 2024, plus legal costs.