Penvidic v. International Nickel

Penvidic v. International Nickel

Respondent breached express and implied terms by failing to provide required site access and rail connection; claimant proved loss albeit with evidentiary difficulty; damages may be estimated (per ton) and awarded for extra ballasting and locomotive rental as damages for breach of the original contract rather than requiring a new contract or quantum meruit; trial judge's assessment of those items should be restored, giving judgment for $111,577.74.

Citation
[1976] 1 SCR 267
Parties
Appellant/plaintiff: Penvidic Contracting Co. Limited; Respondent/defendant: International Nickel Company of Canada, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 January 1975
Procedural Posture
Contract and Tort (construction) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal allowed.
Legal Topics
Damages, Breach of Contract, Quantum Meruit, Site Possession, Delay, Extra Work, Estimation of Damages
Source Language
English
Contract Torts Construction Law Remedies Damages Breach of Contract Quantum Meruit Site Possession +3 more

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Parties

Penvidic Contracting Co. Limited

Appellant/plaintiff

International Nickel Company of Canada, Limited

Respondent/defendant

Procedural Posture

Contract and Tort (construction) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether respondent breached the building/tracklaying contract by failing to provide timely rail connection and prepared site and thereby caused extra work and delay
  2. 2 Whether claimant could recover additional compensation for extra ballasting and locomotive rental as damages rather than only under a new contract or quantum meruit
  3. 3 What measure of damages applies when additional costs are difficult to quantify

Ratio Decidendi

Respondent breached express and implied terms by failing to provide required site access and rail connection; claimant proved loss albeit with evidentiary difficulty; damages may be estimated (per ton) and awarded for extra ballasting and locomotive rental as damages for breach of the original contract rather than requiring a new contract or quantum meruit; trial judge's assessment of those items should be restored, giving judgment for $111,577.74.

Court Disposition

Appeal allowed.

Orders

  • Trial judgment restored as amended in respect of clerical errors and abandoned items to judgment in favour of appellant for $111,577.74
  • Costs to appellant