Notice of a Defect After an Unreasonable Period of Time Does Not Automatically Result in the Recourse’s Dismissal, in the Absence of a Real Prejudice Suffered by the Seller as a Result of the Delay in the Buyer’s Notification


July 22, 2016 Real Estate and Construction

Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on July 22, 2016 (FR), reminds us that giving notice of a defect after an unreasonable period of time does not automatically result in the recourse’s dismissal if the seller is not able to prove a real prejudice resulting from the delay in the notification.

Specifically, the Superior Court’s judgment in De La O v. Sasson (Full Text | Fiche Quantum), rendered in 2015, reminds us that the rule stipulated in section 1739 C.C.Q. requires that the notice of the defect is given within a reasonable time and is applied flexibly and not rigorously, particularly when the delay in notification did not result in a real prejudice for the seller, and that the only prejudice he can invoke is one of right.

This bulletin provides general comments on recent developments in the law. It does not constitute and should not viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

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