Pauze v. Gauvin

Pauze v. Gauvin

The Architects Act is a statute of public order making contracts to provide remunerated plans for buildings void; therefore fees for preparing plans and modifications were unrecoverable. However, the contract for supervising the erection of the building was a separate, severable agreement and enforceable, so the respondent could recover for supervision but not for the illegal plans; appeal allowed in part.

Citation
[1954] SCR 15
Parties
Appellant / Defendant: Georges Pauze; Respondent / Plaintiff: Hervé A. Gauvin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 December 1953
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Province of Quebec (judgment Below Affirmed in Part and Appeal Allowed in Part)
Outcome
Appeal allowed in part
Legal Topics
Architects Regulation, Professional Engineers, Statute of Public Order, Contract Severability, Illegal Contracts
Source Language
English
Professional Law Contract Law Administrative Law Public Law Architects Regulation Professional Engineers Statute of Public Order Contract Severability +1 more

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Parties

Georges Pauze

Appellant / Defendant

Hervé A. Gauvin

Respondent / Plaintiff

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Province of Quebec (judgment Below Affirmed in Part and Appeal Allowed in Part)

Legal Issues

  1. 1 Whether the Architects Act is a statute of public order rendering contracts in breach void
  2. 2 Whether an engineer may recover fees for preparing plans and specifications in breach of the Architects Act
  3. 3 Whether a separate contract to supervise construction is severable and enforceable despite illegality of the plans contract

Ratio Decidendi

The Architects Act is a statute of public order making contracts to provide remunerated plans for buildings void; therefore fees for preparing plans and modifications were unrecoverable. However, the contract for supervising the erection of the building was a separate, severable agreement and enforceable, so the respondent could recover for supervision but not for the illegal plans; appeal allowed in part.

Court Disposition

Appeal allowed in part

Orders

  • Judgment registered for respondent in the amount of $1,618.40 plus interest and costs of an action of this class in the Superior Court.
  • Appellant awarded one half of his taxed costs in the Court of Appeal and in the Supreme Court.