The appellant sued in Quebec for fire losses allegedly caused by negligent installation and operating instructions given by the respondent's technicians for industrial machinery sold under a contract concluded outside Quebec.
The respondent brought a declinatory exception, arguing that jurisdiction lay only where the contract was made or at its domicile.
The Court held that the existence of a contract does not deprive a plaintiff of the right to frame the claim in delict where the alleged fault would independently ground liability under art. 1053 C.C. Because the pleaded wrongful acts and resulting damage arose in Trois-Rivières, the whole cause of action arose there within art. 68 C.C.P., and the Quebec court had jurisdiction.
