Desjardins Assurances générales inc. c. Venmar Ventilation inc. 2016 QCCA 1911
The plaintiff, Desjardins Assurances générales inc. (hereinafter “Desjardins”), subrogated in the rights of the owners of a home that was damaged by fire, was suing the defendants, Venmar Ventilation Inc. (hereinafter “Venmar”) and Fasco Industries Inc. (hereinafter “Fasco”). The fire had broken out in a heat recovery air exchanger. The unit had been installed in May 1996. It had been manufactured by Venmar in 1995, when Fasco was the manufacturer of the motor. In 1998, Venmar and Fasco both knew of a problem with the overheating of the motor and measures were taken at that time to inform the public, as well as the dealers, installers, builders and building inspectors.
