The failure to notify the landlord in writing of the termination of the contract cannot be compensated by the landlord's knowledge of it.
Lucky are the entrepreneurs or subcontractors whom the Code civil du Québec grants a right to the added value they bring to a property. People working in construction or renovation continue to be privileged compared to those who provide services or sell goods.
Thus, a trustee in bankruptcy of an electrical contractor requests the sale of a property under court control. The trustee admits that the electrical contractor never notified the owner of the property in writing and that no attempt was made to locate the true owner. However, the trustee argues that he did not have to do so even if the contract was signed with a general contractor, since the main shareholder and director of the latter, who participated in the negotiations, was also the sole owner of the property.
The Superior Court* concludes that "...the absence of written notification cannot be compensated by the owner's knowledge of the existence of the contract." The electrical contractor only had to notify the contract in writing and due to this omission, the court dismisses the trustee's request.
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*CS 500-05-013997-968, 1996-10-04
