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Contract 2007 SCC 50

ABB Inc. v. Domtar Inc.

The Supreme Court held that Domtar’s boiler superheater had a latent defect, upheld ABB’s liability, and rejected the insurer subrogation deduction.

  • Latent defect
  • Duty to inform
  • Limitation of liability clause
  • Subrogation
  • Performance bond
  • Insurance exclusion
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Sale [1995] 2 SCR 187

Mitsui & Co. (Canada) Ltd. v. Royal Bank of Canada

The Supreme Court of Canada held that leases with options to purchase at fair market value fell within Nova Scotia’s Conditional Sales Act and had to be registered.

  • Conditional sales act
  • Option to purchase
  • Registration and priority
  • True lease vs conditional sale
  • Receiver appointment
  • Conditional-sales
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Sale [1981] 1 SCR 260

Desaulniers v. Ford Motor Co. of Canada Ltd.

The Supreme Court of Canada allowed the appeal in a hidden-defects sale dispute, restored the trial judgment, and reduced interest from 8% to 5%.

  • Hidden defects
  • Legal warranty
  • Conventional warranty
  • Manufacturer liability
  • Privity
  • Prescription (limitation)
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Sale [1979] 1 SCR 790

General Motors Products of Canada v. Kravitz

The Supreme Court held that a manufacturer can be liable to a sub-purchaser for latent defects in a new vehicle, and that no-warranty clauses cannot defeat the statutory warranty.

  • Latent defects
  • Legal warranty (redhibition)
  • No-warranty clause
  • Conventional warranty
  • Manufacturer liability
  • Sub-purchaser rights
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Sale [1977] 2 SCR 264

Meco Electric Inc. v. Lawrence

The Supreme Court dismissed an appeal about whether a seller’s letter preserved a contractor’s privilege after cancellation of a sale under a resolutory clause.

  • Resolutory clause
  • Contractor's privilege
  • Cancellation of sale
  • Renunciation
  • Tacit renunciation
  • Priority of encumbrances
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Sale [1977] 2 SCR 256

Stendel v. Moidel

La Cour suprême rejette l’appel et confirme que la participation du vendeur aux travaux et son endossement d’un billet à ordre n’emportent pas renonciation tacite à faire radier le privilège de l’entrepreneur.

  • Resolutory clause
  • Contractor's privilege
  • Tacit renunciation
  • Hypothec
  • Promissory note
  • Priority of security
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Sale [1974] SCR 474

Massey-Ferguson Finance Co. of Canada Ltd. v. Kluz

The Supreme Court of Canada held that a repossession carried out after an amendment to the statute had to comply with the new procedure, and upheld the purchaser’s statutory remedies.

  • Conditional sale
  • Repossession
  • Statutory amendment and prospective application
  • Remedies for wrongful repossession
  • Limitation of civil rights act s.19.i
  • Conditional-sale
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Sale [1974] SCR 491

C.L. Hagan Transportation Ltd. v. Canadian Acceptance Corp.

The Supreme Court of Canada held that Saskatchewan’s chattel-mortgage statute did not bar an assignee from enforcing the seller’s recourse undertaking after purchaser default.

  • Chattel mortgage
  • Assignment of mortgage
  • Recourse agreement between seller and assignee
  • Enforceability of guarantee
  • Limitation of civil rights act s.18
  • Chattel-mortgage
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Sale [1971] SCR 385

Guertin (Antoine) Ltée v. Chamberland Co. Ltd.

The Supreme Court of Canada allowed the appeal, finding the respondents had knowingly participated in fraudulent feed adulteration and could not recover damages arising from it.

  • Adulteration
  • Fraudulent manufacturing procedures
  • Conspiracy to defraud
  • Damages
  • Goodwill and reputation
  • Illegality of contract
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Sale [1969] SCR 427

Provost & Provost (1961) Limitée v. Spot Supermarkets Corporation et al.

The Supreme Court of Canada held that canned vegetables paid for in advance but not identified before liquidation did not pass in ownership to the buyer.

  • Identification of goods
  • Transfer of ownership
  • Rights in rem vs personal claims
  • Liquidator sale of stock in trade
  • Civil code article 1474
  • Identification-of-goods
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.