Facts

• On January 13, 2023, 9370-5861 Québec inc. conducted snow removal on a property owned by Éric Veillette in Sainte-Thècle.
• During the operation, a snowblower operated by Stéphane Jobin projected snow onto a neighboring building, breaking the front door and causing Monique Pelletier to fall inside her home.
• Pelletier sued Veillette (property owner), 9370-5861 (owner of the snowblower), and Jobin (operator), seeking $99,282.50 in damages.
• Veillette sought dismissal of the claim against him under Article 168(2) CPC ,

Legal Issues & Court’s Analysis

• The court had to determine whether Veillette could be held liable solely for owning the property and hiring the snow removal company.
• Presumption of employer liability (Article 1463 C.c.Q.): The court ruled it does not apply because no employer-employee relationship existed between Veillette and 9370-5861. The contract was for services, not employment.
• Hiring a snow removal company does not automatically impose liability on Veillette without evidence of direct fault.
• Since Pelletier did notallspecific fault by Veillette, the claim against him was deemed legally unfounded.

Decision

• The court granted Veillette’s motion, dismissed the claim against him, and awarded him costs. No amount specified.
• The claims against 9370-5861 and Jobin remain.