ABSTRACT

In the first part, we will examine the purchaser's remedies against the vendor, the contractor and the architect, before analysing, in the second part, the more practical issues involved in the present case. Note that the new Code civil du Québec (the CCQ) came into force in January 1994. A number of cases still apply the pre-1994 Civil Code of Lower Canada, and a transitional law deals with cases which may straddle the two regimes. However, for the purposes of our present discussion, we will only examine the relevant provisions of the CCQ. This does not relate to the common-law provinces of Canada.