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Woods wins across the board

2017-03-22

In the matter of Construction G.M.R.  inc. c.  Michon, Woods succeeded in obtaining the dismissal of an action in warranty launched against its clients, Développement Rescom et its administrator, real estate developers, and of the principal action. The principal action was related to the failure, by the attorney for the Plaintiff and for our clients, to respect professional obligations in the context of the management of deposits made by future home buyers in a condominium construction project. The action in warranty aimed to have our clients pay an eventual damage award in the principal action.

Based on the arguments presented by our firm, the Superior Court dismissed the principal action and the action in warranty. On one hand, the Court concluded that the Plaintiff did not meet its burden in the principal action, namely regarding the alleged fault and causality.  On the other hand, the Court accepted the argument that the release given by the Plaintiff to our clients, for all of the claims that were the object of the principal action, had the effect of making  the principal action and the action in warranty fail.

To consult the decision, click here