Richard Dufour

The Fabrique brought an action against the architect, engineers, and general contractor for construction defects that led to the loss of the church's walls and dome.

The trial court held the action was prescribed under art. 2259 C.C. The Court of Appeal reversed in part, finding the architect liable but dismissing the action against the engineers and contractor.

The Supreme Court of Canada held that the action was not prescribed, as the defects appeared gradually, meaning the five-year prescription period began only after the initial five-year warranty period under art. 1688 C.C. The architect, engineers, and contractor were held jointly and severally liable for the walls, but only the architect was liable for the dome.

The appellants appealed a decision of the Quebec Court of Appeal that allowed the respondent to amend his writ of summons and declaration to substitute a company name for his own, even though the prescription period had expired.

The Supreme Court of Canada dismissed the appeal, agreeing with the reasons of the Court of Appeal that the amendment was not contrary to the ends of justice.