It may happen that Hydro-Québec comes to your property to carry out maintenance or repair of its installations. Sometimes, this visit is simply preventive, when for example the pruning of a tree is necessary to prevent the branches from damaging electrical wires. This work is not without risk. What happens when it causes damage to your property?
A Laval resident was forced to ask himself the question in 2018, his swimming pool having been damaged by the work of a subcontractor of the state company.
First damage
April 11, 2018. Construction Valard, a Hydro-Québec subcontractor, carries out pruning work in the yard of a Laval resident in his absence. Back home, the Laval resident notices that the edge of his in-ground pool has been damaged.
The subcontractor is aware of the incident. He left a notice about this for the resident the same day of the event. Better still, a few days later, the company gave him a report indicating that during the work, “a tree branch fell on the edge of the in-ground pool, breaking it.”
The Laval resident requests compensation of $500 from Construction Valard, asking that the company accepts. A check is sent and quickly cashed. All’s well That ends well? Not really…
Second damage
Later in May, while he was restarting his swimming pool for the summer season, the Laval resident noticed that the water was gradually emptying. The damage following the pruning was more significant than expected: the liner of his swimming pool was cracked.
He asked Hydro-Québec and Construction Valard to compensate him, but they refused.
The disgruntled resident therefore turned to the Small Claims Division of the Court of Quebec and demanded nearly $3,000, but the court only awarded him half of this amount.
Burden of proof
The burden of proof rests on the person seeking relief. In other words, it is his responsibility to present the evidence necessary to convince the court of the merits of the claim.
When a person notices material damage to their property, it is best to take notes or photos: for example the date, time and location of the incident or the names of witnesses. It’s a good way to remember certain details.
When documents or photos are used as evidence, the originals must be filed in the court file at least 30 days before the day of trial.
Documents can be sent by post (registered mail) or dropped off in person. If this deadline is not respected, the court may refuse to take cognizance of it.
In this case, the task is not too difficult: Construction Valard admits to having broken the border of the swimming pool when a tree branch fell during pruning work on April 11, 2018, even indicating in its report that “the future [sic] will tell us if the pool liner has been damaged. In addition, the crack observed in the canvas appeared at the height of the place where the border was damaged by the branch, indicates the court.
Why, despite this proof, does the Laval resident only obtain half of the amount claimed?
Because compensation should only cover damage to the pool liner. The bill of $2923.81 issued by the pool repairer includes additional work, including the installation of two lights and the change of the water return facet, the skimmer and the bottom drain.
The amount is therefore revised downwards and is set by the court at a total of $1,409.36.
Although Hydro-Québec is responsible for the damage caused by its subcontractor, Construction Valard must nevertheless assume the total amount of compensation. Indeed, according to the contract between the company and the state corporation, Construction Valard is responsible to Hydro-Québec “for any damage, visible or not, of any nature whatsoever, caused to the installations of a third person or to his property.
Informative text — The law is changing! The legal information contained in this text is valid as of May 17, 2024. This text is informative, it is not legal advice. Éducaloi is a non-profit organization whose mission is to popularize the law and develop the legal skills of the population of Quebec.
Informative text – This text does not constitute legal advice; it is recommended to consult a lawyer or notary for such an opinion. Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations in clear language.
