Savard v. City of Chicoutimi

Savard v. City of Chicoutimi

The agreement did not obligate the City to remove earth beyond the 27,000 cubic yards measured on the official subdivision (which included the future Alexandre Street) nor to open Alexandre Street to traffic; therefore appellant's substantial damage claims failed and he was limited to nominal damages satisfied by the respondent's $1,000 confession of judgment.

Citation
[1974] SCR 1037
Parties
Plaintiff Appellant: Lucien Savard; Defendant Respondent: City of Chicoutimi
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1973
Procedural Posture
Contract / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed
Legal Topics
Removal of Earth, Delay, Confession of Judgment, Contract Interpretation, Municipal By‑law Obligations, Damages
Source Language
English
Contract Municipal Law Civil Procedure Removal of Earth Delay Confession of Judgment Contract Interpretation Municipal By‑law Obligations +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Lucien Savard

Plaintiff Appellant

City of Chicoutimi

Defendant Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the municipality was contractually obligated to remove 27,000 cubic yards from appellant's lots and an additional 25,000 cubic yards from Alexandre Street
  2. 2 Whether the city undertook to open Alexandre Street to traffic
  3. 3 Whether the confession of judgment for $1,000 adequately compensated delay damages

Ratio Decidendi

The agreement did not obligate the City to remove earth beyond the 27,000 cubic yards measured on the official subdivision (which included the future Alexandre Street) nor to open Alexandre Street to traffic; therefore appellant's substantial damage claims failed and he was limited to nominal damages satisfied by the respondent's $1,000 confession of judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of Court of Queen's Bench and Court of Appeal affirmed