Coghlin v. La Fonderie de Joliette

Coghlin v. La Fonderie de Joliette

Absent evidence of bad faith or wilful default and lacking proof of existing, certain and special damages for the iron and steel items, the appellate court erred in adding $100 exemplary damages and in disturbing the trial court's discretionary allocation of costs; the Superior Court judgment awarding $122.50 and its cost allocation was therefore reinstated.

Citation
(1903) 34 SCR 153
Parties
Appellant/defendant: Bernard J Coghlin; Respondent/plaintiff: La Fonderie de Joliette
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 November 1903
Procedural Posture
Contract / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec)
Outcome
Appeal allowed. Judgment of the Superior Court reinstated in full. Addition of $100 exemplary damages and order for full costs by Court of King's Bench set aside. Costs awarded to appellant in this Court and in the Court of King's Bench.
Legal Topics
Breach of Contract, Exemplary Damages, Nominal Damages, Costs, Res Judicata, Proof of Special Damages
Source Language
English
Contract Civil Procedure Remedies Evidence Breach of Contract Exemplary Damages Nominal Damages Costs +2 more

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Parties

Bernard J Coghlin

Appellant/defendant

La Fonderie de Joliette

Respondent/plaintiff

Procedural Posture

Contract / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether exemplary damages ($100) could be added absent bad faith or wilful default
  2. 2 Whether appellate court properly interfered with trial judge's discretionary cost allocation
  3. 3 Whether plaintiff proved existing, certain and special damages for non-delivery and delay

Ratio Decidendi

Absent evidence of bad faith or wilful default and lacking proof of existing, certain and special damages for the iron and steel items, the appellate court erred in adding $100 exemplary damages and in disturbing the trial court's discretionary allocation of costs; the Superior Court judgment awarding $122.50 and its cost allocation was therefore reinstated.

Court Disposition

Appeal allowed. Judgment of the Superior Court reinstated in full. Addition of $100 exemplary damages and order for full costs by Court of King's Bench set aside. Costs awarded to appellant in this Court and in the Court of King's Bench.

Orders

  • Appeal allowed
  • Judgment of the Superior Court (Fortin J.) restored in toto awarding $122.50 to respondent