Guertin (Antoine) Ltée v. Chamberland Co. Ltd.

Guertin (Antoine) Ltée v. Chamberland Co. Ltd.

Because the plaintiffs knowingly and systematically participated in the fraudulent adulteration and sale of feed, they are barred from recovering damages arising from that illegal activity; contracts with a fraudulent object are void and volenti non fit injuria applies to bar delictual recovery for harms flowing from the claimant's own consented fraudulent conduct; accordingly the appeal is allowed and the respondents' action dismissed.

Citation
[1971] SCR 385
Parties
Appellant/defendant: Antoine Guertin Ltée; Appellant/defendant: Meunerie Antoine Guertin Ltée; Appellant/defendant: Antoine Guertin; Respondent/plaintiff: Chamberland Co. Ltd.; Respondent/plaintiff: Jean‑Paul Chamberland
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1970
Procedural Posture
Civil Appeal Sale/adulteration/fraud / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec; Judgment on Merits
Outcome
Appeal allowed; judgments of the Superior Court and Court of Appeal set aside; respondents' action dismissed
Legal Topics
Adulteration, Fraudulent Manufacturing Procedures, Conspiracy to Defraud, Damages, Goodwill and Reputation, Illegality of Contract, Volenti Non Fit Injuria
Source Language
English
Sale Contract Law Delict/tort Criminal Law Adulteration Fraudulent Manufacturing Procedures Conspiracy to Defraud Damages +3 more

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Parties

Antoine Guertin Ltée

Appellant/defendant

Meunerie Antoine Guertin Ltée

Appellant/defendant

Antoine Guertin

Appellant/defendant

Chamberland Co. Ltd.

Respondent/plaintiff

Jean‑Paul Chamberland

Respondent/plaintiff

Procedural Posture

Civil Appeal Sale/adulteration/fraud / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec; Judgment on Merits

Legal Issues

  1. 1 Whether defendants liable for damages for delivery of adulterated feed
  2. 2 Whether plaintiff who participated in fraudulent adulteration can recover damages for loss of reputation and goodwill
  3. 3 Whether contracts with fraudulent object are void and unenforceable

Ratio Decidendi

Because the plaintiffs knowingly and systematically participated in the fraudulent adulteration and sale of feed, they are barred from recovering damages arising from that illegal activity; contracts with a fraudulent object are void and volenti non fit injuria applies to bar delictual recovery for harms flowing from the claimant's own consented fraudulent conduct; accordingly the appeal is allowed and the respondents' action dismissed.

Court Disposition

Appeal allowed; judgments of the Superior Court and Court of Appeal set aside; respondents' action dismissed

Orders

  • Appeal allowed and lower court judgments set aside
  • Respondents' action dismissed