Turbis v. Syndicat des copropriétaires les Dauphins sur le parc (Cour Du Québec- Quebec Small Claims Court)

The defendant Mirlaw Ltée owned a unit and operated it as a rental property.  The tenant left an air conditioner in the window over the winter.  The consequent freezing of the interior of the unit caused damage to a radiator that in turn caused water damage in the plaintiff’s unit below.  The plaintiff’s tenants were forced to move out for three months while the unit was repaired.   

Article 1073 of the Quebec Civil Code obligated the syndicat to insure the entire property, but this did not include insurance for the rental losses suffered by the plaintiff.  The Court held that Mirlaw Ltée was responsible for those rental losses.