Commission des Écoles Catholiques de Pointe-Claire et Beaconsfield v. Tétrault Frères Ltée

Commission des Écoles Catholiques de Pointe-Claire et Beaconsfield v. Tétrault Frères Ltée

Because the Commission’s suspension and dismissal of the contractor was prompted by the contractor’s failure to perform, article 1691 did not apply; article 1065 governed, allowing the owner to claim damages and other remedies and requiring the matter be remitted to the Superior Court to quantify amounts owed on the...

Source-derived case information.

Citation
[1973] SCR 735
Parties
Defendant Appellant: Commission des Écoles Catholiques de Pointe‑Claire et Beaconsfield; Plaintiff Respondent: Tétrault Frères Ltée
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 October 1972
Procedural Posture
Contract / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Quebec; Remitted to Superior Court for Determination of Amounts
Outcome
Appeal allowed; judgments of the Superior Court and Court of Appeal set aside; matter remitted to the Superior Court to determine amounts owing on the principal demand and the cross‑demand; costs awarded to appellant in this Court and in the Court of Appeal; costs in respect of the Superior Court proceedings reserved.
Legal Topics
Cancellation of Fixed‑price Construction Contract, Breach of Contract, Damages for Delay and Defective Work, Specific Performance and Execution at Debtor's Expense
Source Language
english
Contract Law Construction Law Civil Code (quebec) Cancellation of Fixed‑price Construction Contract Breach of Contract Damages for Delay and Defective Work Specific Performance and Execution at Debtor's Expense

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Parties

Commission des Écoles Catholiques de Pointe‑Claire et Beaconsfield

Defendant Appellant

Tétrault Frères Ltée

Plaintiff Respondent

Procedural Posture

Contract / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Quebec; Remitted to Superior Court for Determination of Amounts

Legal Issues

  1. 1 Whether article 1691 Civil Code of Quebec applied to the owner’s August 7, 1964 letter cancelling/suspending the contract
  2. 2 Whether the owner’s dismissal of the contractor for breach brought the case under article 1065 C.C. permitting damages and other remedies
  3. 3 Whether the owner could claim damages and costs for delay, defective work and unperformed obligations after suspending the contractor

Ratio Decidendi

Because the Commission’s suspension and dismissal of the contractor was prompted by the contractor’s failure to perform, article 1691 did not apply; article 1065 governed, allowing the owner to claim damages and other remedies and requiring the matter be remitted to the Superior Court to quantify amounts owed on the principal and cross‑demand.

Court Disposition

Appeal allowed; judgments of the Superior Court and Court of Appeal set aside; matter remitted to the Superior Court to determine amounts owing on the principal demand and the cross‑demand; costs awarded to appellant in this Court and in the Court of Appeal; costs in respect of the Superior Court proceedings reserved.

Orders

  • Appeal allowed.
  • Judgments of the Superior Court and Court of Appeal set aside.