Syndicat des copropri̩taires du 2010 de la Montagne v. 9103-9909 Qu̩bec inc. (Quebec Superior Court)

Five of the co-owners gained access to their parking spaces by using a car elevator.  The elevator was inconvenient and antiquated in its operation.  There were also some minor deficiencies in its operation.  On behalf of the five co-owners, the syndicate claimed that the developer was obligated to upgrade or replace the elevator with a modern, convenient elevator, commensurate with the overall quality of the building. 

The Court said that the developer was obligated to repair the deficiencies but not to upgrade or replace the elevator.  The developer had made no representation about the elevator and its inconveniences were available to be seen by the purchasers at the time of purchase.