Aviva, compagnie d’assurances du Canada v. Valdivia, 2016 QCCQ 7794
The Court had to rule on the liability of a property custodian and the insurer’s right to a subrogation remedy against this custodian as commercial lessee.
On October 19, 2011, Ms. Valdivia (the “Defendant”), a denturologist, signed a commercial lease with the insured, who was covered by Aviva, compagnie d’assurances du Canada (the “Plaintiff”).
On October 16, 2013, water damage occurred when the pipe connecting the chair’s sink to the wall, through which water flows continuously, broke. The Plaintiff compensated its insured, the owner of the commercial building, for the damages incurred.
