Nova Scotia Construction Co. v. The Quebec Streams Commission

Nova Scotia Construction Co. v. The Quebec Streams Commission

Because appellant elected to continue performance after knowledge of the alleged misrepresentations and the contract expressly allocated risk by fixed unit rates (marché sur devis), and because statutory limits prevented unilateral variation of price by the Crown instrumentality, appellant could not recover extras, quantum meruit or damages beyond the contract terms; appeal dismissed.

Citation
[1933] SCR 220
Parties
Appellant; Plaintiff: Nova Scotia Construction Company Limited; Respondent; Defendant: The Quebec Streams Commission; Mise En Cause: The Royal Bank of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 February 1933
Procedural Posture
Contract Appeal / Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench, Quebec affirmed
Legal Topics
Tender, Fixed Price Contract, Unit Rates, Extras, Quantum Meruit, Misrepresentation, Voidable Contract, Statutory Restriction on Contract Variation
Source Language
English
Contract Public Law Administrative Law Civil Procedure Tender Fixed Price Contract Unit Rates Extras +4 more

Case Brief

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Parties

Nova Scotia Construction Company Limited

Appellant; Plaintiff

The Quebec Streams Commission

Respondent; Defendant

The Royal Bank of Canada

Mise En Cause

Procedural Posture

Contract Appeal / Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)

Legal Issues

  1. 1 Whether appellant could recover extras or quantum meruit after performing the contract despite alleging misrepresentations
  2. 2 Whether the contract was void or merely voidable and whether appellant elected to rescind it
  3. 3 Whether clause in contract and nature of 'marché sur devis' bound contractor to unit rates and precluded additional recovery

Ratio Decidendi

Because appellant elected to continue performance after knowledge of the alleged misrepresentations and the contract expressly allocated risk by fixed unit rates (marché sur devis), and because statutory limits prevented unilateral variation of price by the Crown instrumentality, appellant could not recover extras, quantum meruit or damages beyond the contract terms; appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench, Quebec affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench, Province of Quebec, affirmed