Executive Summary: Key Legal and Evidentiary Issues

• Liability turned on whether the defendant seller was responsible for latent defects affecting a shower installed in a home built in 2015.
   
• Testimony from the plaintiff and his spouse, supported by seven exhibits, established the defect's origin and progression.
   
• Non-appearance by the defendant left the plaintiff's evidence uncontested at the hearing.
   
• Prior notice to the defendant, given before litigation, factored into the calculation of interest and indemnity.
   
• Quantification of damages was limited to the documented cost of repairs actually incurred by the plaintiff.
   
• Statutory evidentiary provisions under the Civil Code of Québec governed the standard of proof applied.
   

Facts of the case

Yann Massamba purchased a new semi-detached house from Au Tournant de la Gare inc. on March 26, 2015. Beginning in 2019 — approximately four years after construction — a shower on the first floor began showing signs of a latent defect, including waterproofing failures and a deficient drain. Water infiltration from the defect became visible as staining on the ground-floor ceiling and as leaks in the basement. Massamba had the shower repaired in 2023 at a cost of $5,735, after the defendant allegedly failed to correct the problem despite having been notified of it. He brought this small claims action seeking reimbursement of that repair cost.

Policy and legislative provisions at issue

The case relies on the evidentiary standards set out in articles 2803 and 2804 of the Civil Code of Québec, which govern the burden of proof and require that allegations be established by a preponderance of the evidence. The judgment also references article 1619 C.C.Q., which provides for an additional indemnity on sums owed, calculated from the date of formal notice (mise en demeure). The judgment does not cite the specific latent-defect provisions of the Civil Code, though the claim is framed in those terms.

Reasoning and analysis

The defendant did not appear at the hearing, despite having been duly served with notice of the proceeding by the court clerk. In the defendant's absence, the court assessed the evidence presented by the plaintiff alone. This consisted of Massamba's own testimony, corroborating testimony from his spouse, Fatoumata Diane, and seven exhibits (P-1 to P-7). The court found that this evidence satisfied the preponderance-of-evidence standard required under articles 2803 and 2804 C.C.Q., and accepted the plaintiff's account of the defect, its timeline, and the resulting repair cost without any competing evidence to weigh against it.

Ruling and overall outcome

The court granted the claim in favour of Yann Massamba, the successful party. It ordered Au Tournant de la Gare inc. to pay $5,735, together with interest at the legal rate and the additional indemnity under article 1619 C.C.Q., running from the date of formal notice on January 20, 2023, plus legal costs of $207. The judgment does not state a combined total figure for these amounts; the interest and additional indemnity components are not quantified in the decision.