Goodwin v. The Queen

Goodwin v. The Queen

Estimate No.24, read with the accompanying documents and Minister of Justice advice, constituted a certificate within clause 25: it sufficiently evidenced the engineer's satisfaction and the value of work, and the matter in dispute was one of legal construction (not quantity/quality) so not finally determined by the engineer under clause 8; the engineer could adopt the Minister of Justice's legal opinion and certify accordingly, and the certificate (approved by the Minister) entitled the contractor to payment of $73,260.

Citation
(1898) 28 SCR 273
Parties
Appellant / Contractor: George Goodwin; Respondent / Crown: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 March 1898
Procedural Posture
Contract Dispute Arising From Public Works Contract; Reference Under Exchequer Court Act / Appeal to Supreme Court of Canada From Exchequer Court of Canada (judgment on Reference); Final Disposition on Appeal
Outcome
Appeal allowed; judgment for appellant for amount of the engineer's certified estimate; costs to appellant; interest reserved for later hearing
Legal Topics
Construction of Contract and Specifications, Engineer's Certificate as Condition Precedent, Progress Estimates and Ministerial Approval, Functus Officio and Finality of Adjudication, Use of Government Legal Advice (minister of Justice), Estoppel and Departmental Authority
Source Language
English
Contract Law Public Works / Government Contracts Administrative Law Arbitration and Reference Procedure Construction of Contract and Specifications Engineer's Certificate as Condition Precedent Progress Estimates and Ministerial Approval Functus Officio and Finality of Adjudication +2 more

Case Brief

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Parties

George Goodwin

Appellant / Contractor

Her Majesty The Queen

Respondent / Crown

Procedural Posture

Contract Dispute Arising From Public Works Contract; Reference Under Exchequer Court Act / Appeal to Supreme Court of Canada From Exchequer Court of Canada (judgment on Reference); Final Disposition on Appeal

Legal Issues

  1. 1 Whether engineer's progress certificate (Estimate No.24) complied with clause 25 and was sufficient to entitle contractor to payment
  2. 2 Whether an earlier engineer's determination (Estimate No.23) operated as a final decision under clause 8 and rendered the engineer functus officio
  3. 3 Whether the engineer could lawfully adopt and act upon the Minister of Justice's legal opinion when issuing a certificate

Ratio Decidendi

Estimate No.24, read with the accompanying documents and Minister of Justice advice, constituted a certificate within clause 25: it sufficiently evidenced the engineer's satisfaction and the value of work, and the matter in dispute was one of legal construction (not quantity/quality) so not finally determined by the engineer under clause 8; the engineer could adopt the Minister of Justice's legal opinion and certify accordingly, and the certificate (approved by the Minister) entitled the contractor to payment of $73,260.

Court Disposition

Appeal allowed; judgment for appellant for amount of the engineer's certified estimate; costs to appellant; interest reserved for later hearing

Orders

  • Appeal allowed
  • Judgment entered for appellant in the amount of $73,260 with costs