Bilodeau v. Bergeron & Fils Ltée

Bilodeau v. Bergeron & Fils Ltée

Each defendant breached a distinct contractual duty to the contractor and thereby caused the whole loss to the contractor; both must compensate the contractor but that does not create between them a presumption of joint and several liability for contribution absent contractual or legal basis, and therefore the Superior Court reserve for contribution against Ready Mix is properly reinstated.

Citation
[1975] 2 SCR 345
Parties
Appellant (defendant): Marcel Bilodeau; Plaintiff (respondent): A. Bergeron et Fils Ltée; Respondent (defendant): Dominion Ready Mix Inc.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 June 1974
Procedural Posture
Contract Appeal / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal against A. Bergeron et Fils Ltée dismissed; appeal against Dominion Ready Mix Inc. allowed only to the extent of restoring the reserve made in the Superior Court judgment.
Legal Topics
Construction Contract, Breach of Contract, Supervision/inspection Obligations, Joint and Several Liability, Contribution and Set Off, Third‑party Liability
Source Language
English
Contract Law Civil Procedure Delict/tort (comparative) Construction Contract Breach of Contract Supervision/inspection Obligations Joint and Several Liability Contribution and Set Off +1 more

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Parties

Marcel Bilodeau

Appellant (defendant)

A. Bergeron et Fils Ltée

Plaintiff (respondent)

Dominion Ready Mix Inc.

Respondent (defendant)

Procedural Posture

Contract Appeal / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the civil engineer (Bilodeau) was liable to the contractor for defective concrete
  2. 2 Whether the concrete supplier (Ready Mix) was liable to the contractor
  3. 3 Whether Bilodeau and Ready Mix were jointly and severally liable as between themselves or whether a reserve for contribution should be maintained

Ratio Decidendi

Each defendant breached a distinct contractual duty to the contractor and thereby caused the whole loss to the contractor; both must compensate the contractor but that does not create between them a presumption of joint and several liability for contribution absent contractual or legal basis, and therefore the Superior Court reserve for contribution against Ready Mix is properly reinstated.

Court Disposition

Appeal against A. Bergeron et Fils Ltée dismissed; appeal against Dominion Ready Mix Inc. allowed only to the extent of restoring the reserve made in the Superior Court judgment.

Orders

  • Appeal against A. Bergeron et Fils Ltée dismissed with costs against the appellant (Bilodeau).
  • Appeal against Dominion Ready Mix Inc. allowed solely to restore the reserve in the Superior Court judgment; Bilodeau awarded costs of one appeal in this Court and in the Court of Appeal against Ready Mix.