Article 1465 CCQ - Liability for the act of a thing
Article 1465 makes the custodian of a thing liable for injury caused by the autonomous act of that thing, meaning without anyone setting it in motion. Their fault is presumed: they are released by proving they committed none.
What it means for your syndicate
In a co-ownership, this is the rule that typically covers equipment in a private portion that fails and damages the building: a water heater, a washer hose, a leaking toilet. The co-owner who has custody of it is presumed at fault.
The presumption is not absolute: the co-owner may rebut it by showing they committed no fault, for example through regular maintenance and a prompt response to signs of a leak. Keeping to the equipment’s recommended service life is not always enough. Maintenance records therefore matter to both sides.
Together with article 1074.2, it lets the syndicate claim damages from the co-owner who has custody of the thing at issue. CondoAide lets the board record this basis on the claim (“Thing in their custody”) 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.