Compagnie de Construction de Québec Ltée v. Concrete Column Clamps Ltd. / Concrete Column Clamps Ltd. v. The City of Quebec

Compagnie de Construction de Québec Ltée v. Concrete Column Clamps Ltd. / Concrete Column Clamps Ltd. v. The City of Quebec

The claimed privilege was invalid because the mandatory affidavit required by art.2103 C.C. was not produced and the denunciations were made too late to cover the amounts awarded; the reservoir, being connected to the municipal aqueduct and by destination part of the public domain, is not subject to a contractor's privilege; the arbitration agreement and award were valid and binding because the company ratified its president's actions by conduct and the award was rendered within extended time agreed by the parties, entitling Concrete Column Clamps to $25,622.74 against the principal contractor.

Citation
[1940] SCR 522
Parties
Appellant (first Appeal); Plaintiff; Respondent (second Appeal): Concrete Column Clamps Limited; Defendant; Appellant (second Appeal); Principal Contractor: La Compagnie de Construction de Québec Limitée; Respondent (mis En Cause): The City of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1940
Procedural Posture
Civil Appeal (contract, Privilege, Arbitration) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec
Outcome
Appeals dismissed with costs; award of arbitrators in sum of $25,622.74 enforced against La Compagnie de Construction de Québec Limitée; claim of privilege against the City of Quebec dismissed.
Legal Topics
Privileges and Hypothecs, Registration Formalities (affidavit), Sub Contractor Lien (2013(f) C.c.), Public Domain by Destination, Validity and Enforcement of Arbitration Awards, Authority to Bind a Company
Source Language
English
Property Law Civil Procedure Municipal Law Arbitration Law Administrative Law Privileges and Hypothecs Registration Formalities (affidavit) Sub Contractor Lien (2013(f) C.c.) +3 more

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Parties

Concrete Column Clamps Limited

Appellant (first Appeal); Plaintiff; Respondent (second Appeal)

La Compagnie de Construction de Québec Limitée

Defendant; Appellant (second Appeal); Principal Contractor

The City of Quebec

Respondent (mis En Cause)

Procedural Posture

Civil Appeal (contract, Privilege, Arbitration) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec

Legal Issues

  1. 1 Whether a subcontractor's privilege is valid without the sworn affidavit required by art.2103 C.C.
  2. 2 Whether the denunciation/notice to the owner complied with art.2013(f) C.C. and was timely
  3. 3 Whether a reservoir on Crown land connected to a municipal aqueduct is subject to a contractor's privilege or forms part of the public domain

Ratio Decidendi

The claimed privilege was invalid because the mandatory affidavit required by art.2103 C.C. was not produced and the denunciations were made too late to cover the amounts awarded; the reservoir, being connected to the municipal aqueduct and by destination part of the public domain, is not subject to a contractor's privilege; the arbitration agreement and award were valid and binding because the company ratified its president's actions by conduct and the award was rendered within extended time agreed by the parties, entitling Concrete Column Clamps to $25,622.74 against the principal contractor.

Court Disposition

Appeals dismissed with costs; award of arbitrators in sum of $25,622.74 enforced against La Compagnie de Construction de Québec Limitée; claim of privilege against the City of Quebec dismissed.

Orders

  • Appeals dismissed with costs.
  • Confirmed judgment in favour of Concrete Column Clamps Limited against La Compagnie de Construction de Québec Limitée for $25,622.74 (arbitral award).