Article 1463 CCQ - Liability of the employer
Article 1463 makes the principal, meaning someone who has a servant under their authority such as an employee, liable for injury caused by that servant’s fault in the performance of their duties. The principal keeps a recourse against the servant.
What it means for your syndicate
There must be a fault by the servant, committed in the course of their work. An independent contractor hired by the co-owner is generally not their servant: the contractor answers for their own fault, and the claim goes to them.
In a co-ownership, this rule lets the syndicate claim from a co-owner (art. 1074.2) for injury caused by their employee, for example a household employee. It also applies to the syndicate itself, which answers for the faults of its own employees.
CondoAide lets the board record this basis on the claim (“Person they answer for”) and keep the facts behind it.
Manage your co-ownership with confidence
CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.