Executive Summary: Key Legal and Evidentiary Issues

• The plaintiff obtained judgment by default after the defendant failed to file an answer to the summons.
   
• In reaching its decision, the court considered the plaintiff's testimony and the exhibits filed in the record.
   
• At issue was a legal hypothec published on February 19, 2025, under number 29 260 447 against lot 1 260 347 of the Cadastre of Québec, Registration Division of Montréal.
   
• Among the court's recitals was the defendant's failure to bring an action against the owner or register a prior notice within six months of the end of the work.
   
• Cancellation of the hypothec was ordered, with the Land Registrar of the Registration Division of Montréal directed to carry it out.
   
• Damages of $18,717.93 were awarded with legal interest and the article 1619 C.C.Q. additional indemnity from February 11, 2025, plus legal costs including $2,270.76 in expert fees.
   

Facts of the case

Yolamie Michel brought an originating application before the Civil Division of the Court of Québec in Montréal, seeking cancellation of a registration in the land register and damages. Studio Pied Carré inc. was named as defendant, with the Land Registrar of the Registration Division of Montréal as an impleaded party. The registration in question was a legal hypothec published on February 19, 2025, at the Land Registry Office for the Registration Division of Montréal under number 29 260 447, against lot 1 260 347 of the Cadastre of Québec. Studio Pied Carré did not file an answer to the summons, prompting an application for judgment by default. A hearing took place on September 18, 2026, and the court delivered its judgment on September 29, 2026. The judgment is brief and does not describe the work underlying the hypothec, the plaintiff's connection to the property, or how the damages were calculated.

Policy and legislative provisions at issue

No contractual or policy clause is quoted in the decision. The only statutory provision the court cites is article 1619 of the Civil Code of Québec, under which it added an additional indemnity to the interest on the damages award. In its recitals, the court also referred to a six-month period following the end of the work, within which the defendant had neither brought an action against the owner nor registered a prior notice, though the judgment does not identify the legal provision that sets this deadline.

Reasoning and analysis

Proceeding on the application for judgment by default, the court reviewed the proceedings and the evidence before deliberating. Its reasons take the form of short recitals noting the defendant's failure to answer the summons, the plaintiff's testimony, and the exhibits filed in the record. The court further noted that the defendant had not taken action against the owner or registered a prior notice within six months of the end of the work. On that basis, it concluded that the plaintiff had proven the merits of the originating application for cancellation and damages.

Ruling and overall outcome

The court granted the application, declared the legal hypothec published on February 19, 2025, under number 29 260 447 invalid and illegal, and ordered its cancellation, directing the Land Registrar of the Registration Division of Montréal to carry it out. Michel succeeded on both the cancellation and damages claims. Studio Pied Carré was ordered to pay $18,717.93, plus interest at the legal rate and the additional indemnity under article 1619 of the Civil Code of Québec from February 11, 2025, together with legal costs that include $2,270.76 in expert fees. The judgment does not state a combined total or quantify the interest and indemnity.