Corporation de la Paroisse de St. Gervais v. Goulet

Corporation de la Paroisse de St. Gervais v. Goulet

An appellate court cannot annul contracts when all contracting parties are not before it; because the contractors had been parties to and benefited from the trial judgment declaring the contracts valid, that judgment was res judicata as to them and the Court of King's Bench had no power to annul the contracts on appeal limited to the municipality, so the Superior Court judgment must be confirmed.

Citation
[1931] SCR 437
Parties
Appellant/defendant (municipal Corporation): Corporation de la Paroisse de St. Gervais; Respondent/plaintiff (ratepayer): Alfred Goulet
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 April 1931
Procedural Posture
Municipal Law — Action to Annul By‑law and Contracts / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec)
Outcome
Appeal allowed; judgment of the Court of King's Bench reversed; judgment of the Superior Court confirmed
Legal Topics
By‑law Validity, Nullity of Contract, Joinder of Parties on Appeal, Res Judicata, Appellate Jurisdiction
Source Language
English
Municipal Law Civil Procedure Contract Law Public Law By‑law Validity Nullity of Contract Joinder of Parties on Appeal Res Judicata +1 more

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Parties

Corporation de la Paroisse de St. Gervais

Appellant/defendant (municipal Corporation)

Alfred Goulet

Respondent/plaintiff (ratepayer)

Procedural Posture

Municipal Law — Action to Annul By‑law and Contracts / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether an appellate court may annul contracts when not all contracting parties are before the court
  2. 2 Whether the by‑law complied with article 627(a) of the Municipal Code of Quebec
  3. 3 Whether the trial judgment in favour of contractors operates as res judicata against a later appeal not involving them

Ratio Decidendi

An appellate court cannot annul contracts when all contracting parties are not before it; because the contractors had been parties to and benefited from the trial judgment declaring the contracts valid, that judgment was res judicata as to them and the Court of King's Bench had no power to annul the contracts on appeal limited to the municipality, so the Superior Court judgment must be confirmed.

Court Disposition

Appeal allowed; judgment of the Court of King's Bench reversed; judgment of the Superior Court confirmed

Orders

  • Appeal allowed with costs
  • Judgment of the Court of King's Bench (appeal side) set aside insofar as it annulled the contracts