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CCQ updated on

  • 2011.08.25

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Table of Contents

Book five - Obligations

Title one - Obligations in general

Chapter ix - Restitution of prestations

Division ii - Mode of restitution

Section 1701

1701. In the case of total loss or alienation of property subject to restitution, the person liable to make the restitution is bound to return the value of the property, considered when it was received, or at the time of its loss or alienation, or at the time of its restitution, whichever value is the lowest, or, if the person is in bad faith or if the restitution is due to his fault, whichever value is the highest.
If the property has perished by superior force, however, the debtor is exempt from making restitution, but he shall then assign to the creditor, as the case may be, the indemnity he has received for the loss of the property or, if he has not already received it, the right to the indemnity. If the debtor is in bad faith or if the restitution is due to his fault, he is not exempt from making restitution unless the property would also have perished if it had been in the hands of the creditor.
[1991, c. 64, a. 1701].

Supreme Court of Canada

  1. Giguère v. Chambre des notaires du Québec, 2004 SCC 1 (CanLII), 2004-01-29

Court of Appeal of Quebec

  1. Systèmes Techno-pompes inc. c. Tremblay, 2006 QCCA 987 (CanLII), 2006-07-26

  2. Namerow Investments Ltd. c. Commission scolaire des Laurentides, 1997 CanLII 10164 (QC C.A.), 1997-11-12

Superior Court of Quebec

  1. Grimard c. A.J.R. Bergeron Inc., 2003 CanLII 33206 (QC C.S.), 2003-03-18

  2. 2524-8246 Québec Inc. c. Farnham (Ville de), 2002 CanLII 2921 (QC C.S.), 2002-10-03

Court of Quebec

  1. Camions Wilfrid Lussier ltée c. 9066-8518 Québec inc. (Recyclage 440), 2006 QCCQ 1968 (CanLII), 2006-03-03

  2. Jolin c. Demers, 2003 CanLII 18298 (QC C.Q.), 2003-02-26