Bureau des Commissaires d'écoles Catholiques romaines de la cité de Québec v. Bilodeau

Bureau des Commissaires d'écoles Catholiques romaines de la cité de Québec v. Bilodeau

The 18 May 1923 resolution was an amendment to the existing salaried contract and did not revive or incorporate the statutory tariff; the salary expressly covered all fees including remuneration for plans and specifications, and the appellant was only liable for the fixed salary and the 1.5% commission applicable to the value of work actually completed at the architect's death, not for additional tariff-based fees.

Citation
[1925] SCR 519
Parties
Defendant Appellant: Bureau des Commissaires d'écoles Catholiques romaines de la cité de Québec; Plaintiffs Respondents: P. Bilodeau and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 June 1925
Procedural Posture
Contract Appeal / Judgment on Appeal to the Supreme Court of Canada
Outcome
Appeal allowed with costs; judgment of the Court of King's Bench reversed and judgment of the Superior Court restored
Legal Topics
Architect's Commission, Salary Inclusion, Contract Interpretation, Effect of Death on Contractual Rights, Statutory Tariff of Fees
Source Language
English
Contract Architectural Law Employment Law Estate Law Architect's Commission Salary Inclusion Contract Interpretation Effect of Death on Contractual Rights +1 more

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Parties

Bureau des Commissaires d'écoles Catholiques romaines de la cité de Québec

Defendant Appellant

P. Bilodeau and Others

Plaintiffs Respondents

Procedural Posture

Contract Appeal / Judgment on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether the 18 May 1923 resolution created an independent contractual right to commissions payable beyond the agreed annual salary
  2. 2 Whether the estate of the deceased architect was entitled to additional fees under the statutory architect tariff for plans and specifications despite an existing salaried contract
  3. 3 Whether commission entitlement is to be calculated on work actually completed at death or on total contract value

Ratio Decidendi

The 18 May 1923 resolution was an amendment to the existing salaried contract and did not revive or incorporate the statutory tariff; the salary expressly covered all fees including remuneration for plans and specifications, and the appellant was only liable for the fixed salary and the 1.5% commission applicable to the value of work actually completed at the architect's death, not for additional tariff-based fees.

Court Disposition

Appeal allowed with costs; judgment of the Court of King's Bench reversed and judgment of the Superior Court restored

Orders

  • Appeal allowed with costs
  • Decision of the Court of King's Bench, Appeal Side, set aside