Fauvreau v. Rochon

Fauvreau v. Rochon

A majority of the court (as reflected in the affirmed Court of King’s Bench decision) held the appellants were not entitled to the unpaid contract balance and that respondents were entitled to damages for defective work; on an evenly divided bench the judgment below stands, resulting in dismissal of the appeal and affirmation of the lower court award of damages to respondents ($513).

Citation
(1912) 46 SCR 647
Parties
Appellants (contractors): Fauvreau et al.; Respondents (owners): Rochon et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 June 1912
Procedural Posture
Contract / Appeal to Supreme Court of Canada (final)
Outcome
Appeal dismissed; judgment of the Court of King’s Bench, Appeal Side, Quebec, affirmed.
Legal Topics
Breach of Contract, Quantum Meruit, Rescission, Waiver, Damages, Defective Workmanship
Source Language
English
Contract Law Construction Law Remedies Equity Breach of Contract Quantum Meruit Rescission Waiver +2 more

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Parties

Fauvreau et al.

Appellants (contractors)

Rochon et al.

Respondents (owners)

Procedural Posture

Contract / Appeal to Supreme Court of Canada (final)

Legal Issues

  1. 1 Whether respondents validly rescinded the building contract
  2. 2 Whether appellants were entitled to the unpaid balance or only quantum meruit
  3. 3 Whether taking possession of the buildings constituted waiver of the right to rescind

Ratio Decidendi

A majority of the court (as reflected in the affirmed Court of King’s Bench decision) held the appellants were not entitled to the unpaid contract balance and that respondents were entitled to damages for defective work; on an evenly divided bench the judgment below stands, resulting in dismissal of the appeal and affirmation of the lower court award of damages to respondents ($513).

Court Disposition

Appeal dismissed; judgment of the Court of King’s Bench, Appeal Side, Quebec, affirmed.

Orders

  • Appeal dismissed without costs.
  • Respondents awarded damages of $513.