Lambert v. Lévis Automobiles Inc.

Lambert v. Lévis Automobiles Inc.

Because the buyer waited over a year (more than reasonable time) before seeking annulment and had used the car and remained silent, he is deemed to have accepted the situation; the delay bars rescission and the appeal is dismissed.

Citation
[1957] SCR 621
Parties
Plaintiff Appellant: Henri-Georges Lambert; Defendant Respondent: Levis Automobiles Inc.; Defendant Respondent: Rene Hallé; Third Party: General Motors Acceptance Corporation
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1957
Procedural Posture
Sale (annulment for Misrepresentation) / Appeal From Court of Queen's Bench, Quebec to Supreme Court of Canada
Outcome
Appeal dismissed with costs; judgment below affirmed
Legal Topics
Nullity, Misrepresentation, Unreasonable Delay, Acceptance by Silence, Rescission, Vices Rédhibitoires
Source Language
English
Sale Contract Civil Procedure Limitation/prescription Misrepresentation Nullity Unreasonable Delay Acceptance by Silence +2 more

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Parties

Henri-Georges Lambert

Plaintiff Appellant

Levis Automobiles Inc.

Defendant Respondent

Rene Hallé

Defendant Respondent

General Motors Acceptance Corporation

Third Party

Procedural Posture

Sale (annulment for Misrepresentation) / Appeal From Court of Queen's Bench, Quebec to Supreme Court of Canada

Legal Issues

  1. 1 Whether unreasonable delay in seeking annulment bars the action
  2. 2 Whether automobile sold as new when it was not constitutes actionable misrepresentation
  3. 3 Whether buyer's silence and continued use constitute acceptance and bar rescission

Ratio Decidendi

Because the buyer waited over a year (more than reasonable time) before seeking annulment and had used the car and remained silent, he is deemed to have accepted the situation; the delay bars rescission and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs; judgment below affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of Court of Queen's Bench, Appeal Side, Province of Quebec affirmed