Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37238
Churchill Falls (Labrador) Corporation Limited v. Hydro-Québec
(Quebec) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-11-08 | Appeal closed | |
| 2018-11-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-11-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-11-02 | General proceeding, (Letter Form), Lock-up sign-in sheet. | Hydro-Québec |
| 2018-11-02 |
Judgment on the appeal rendered, McLachlin C.J. took no part in the judgment., CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-024690-141, 2016 QCCA 1229, dated August 1, 2016, heard on December 5, 2017, is dismissed with costs. Rowe J. dissents. Dismissed, with costs |
|
| 2018-11-01 | General proceeding, (Letter Form), Audrey Boctor's and Douglas Mitchell's undertaking for remote lock-up. | Churchill Falls (Labrador) Corporation Limited |
| 2018-10-30 | Correspondence received from, (Letter Form), Respondent, re: Me Andres Garin cannot attend lock-up, but Me Helchers and Me Bundaru will attend. Undertakings enclosed. | Hydro-Québec |
| 2018-10-18 | Correspondence received from, (Letter Form), Counsel for the Respondent, re: will be in South Africa and Namibie between the 4 and the 19th of November 2018. | Hydro-Québec |
| 2018-03-14 | General proceeding, (Letter Form), Undertaking Form for a Lock-up at the SCC for Me Andres Garin and Me Lucie Lalonde. | Hydro-Québec |
| 2018-03-12 | General proceeding, (Letter Form), Undertaking for Lock-up at the SCC from Patrick Girard. | Churchill Falls (Labrador) Corporation Limited |
| 2018-03-09 | General proceeding, (Letter Form), Undertaking for Mr. Mitchell and Ms. Boctor. | Churchill Falls (Labrador) Corporation Limited |
| 2018-03-08 | General proceeding, Completed Lock-up Form (only) - Mr. Mitchell, Ms. Boctor and Mr. Patrick Girard will attend the lock-up. | Churchill Falls (Labrador) Corporation Limited |
| 2018-03-07 |
General proceeding, (Letter Form), Completed Lock-up Form and undertaking - Me Pierre Bienvenu, Andres Garin and Lucie Lalonde will attend the lock-up. |
Hydro-Québec |
| 2018-03-07 |
Correspondence (sent by the Court) to, all parties by e-mail and regular mail, re: the Court has decided to hold a media lock-up and a separate counsel lock-up. |
|
| 2018-02-28 | Correspondence received from, (Letter Form), Me Doug Mitchell, by email and mail, re: will participate in the counsel lock-up, if any. | Churchill Falls (Labrador) Corporation Limited |
| 2018-02-28 |
Correspondence received from, (Letter Form), Me Pierre Bienvenu Ad.E. by email and mail, re: will participate in the counsel lock-up, if any. |
Hydro-Québec |
| 2018-02-21 | Media lock-up requested or proposed | |
| 2018-02-21 | Correspondence (sent by the Court) to, the appellant and respondent by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required. | |
| 2017-12-18 | Transcript received, 96 pages | |
| 2017-12-05 | Judgment reserved OR rendered with reasons to follow | |
| 2017-12-05 |
Hearing of the appeal, 2017-12-05, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-12-05 | General proceeding, Questionnaire following the hearing regarding the Sealing Order | Hydro-Québec |
| 2017-12-05 | General proceeding, Questionnaire following the hearing regarding the Sealing Order | Churchill Falls (Labrador) Corporation Limited |
| 2017-12-05 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Hydro-Québec |
| 2017-12-05 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Churchill Falls (Labrador) Corporation Limited |
| 2017-11-27 | Correspondence received from, (Included in the notice of appearance), 15 reserved seats requested | Churchill Falls (Labrador) Corporation Limited |
| 2017-11-27 | Notice of appearance, (Letter Form), Doug Mitchell, Audrey Boctor, Daphné Wermenlinger and Patrick Girard will be present at the hearing. Mr. Mitchell and Ms. Boctor will present oral arguments. | Churchill Falls (Labrador) Corporation Limited |
| 2017-11-23 | Correspondence received from, (Letter Form), English translation of the Court of Appeal of Quebec's judgment | Hydro-Québec |
| 2017-11-21 | Notice of appearance, (Letter Form), Pierre Bienvenu AD. E., Andres C. Garin, Sophie Melchers, Horia Bundaru and Lucie Lalonde will be present at the hearing. Mr. Bienvenu will present oral arguments. | Hydro-Québec |
| 2017-09-27 | Correspondence received from, (Letter Form), Doug Mitchell (by email). Letter regarding the confidential information and the hearing of the appeal. | Churchill Falls (Labrador) Corporation Limited |
| 2017-09-20 | Certificate (on limitations to public access), 23-B | Hydro-Québec |
| 2017-09-20 | Certificate (on limitations to public access), 23-A | Hydro-Québec |
| 2017-09-20 | Appeal perfected for hearing | |
| 2017-09-12 | Respondent's book of authorities, (Book Form), (3 volumes), Completed on: 2017-09-12 | Hydro-Québec |
| 2017-09-12 | Respondent's factum, (Book Form), Translated English factum rec'd 2017/11/20, Completed on: 2017-09-12 | Hydro-Québec |
| 2017-08-21 |
Appeal hearing scheduled, 2017-12-05, (EARLY START 9AM) Judgment reserved |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-07-31 | Certificate (on limitations to public access), (Letter Form), Form 23B | Churchill Falls (Labrador) Corporation Limited |
| 2017-07-31 | Certificate (on limitations to public access), (Letter Form), Form 23A | Churchill Falls (Labrador) Corporation Limited |
| 2017-07-18 | Certificate of counsel (attesting to record), (Letter Form) | Churchill Falls (Labrador) Corporation Limited |
| 2017-07-18 | Appellant's book of authorities, (Book Form), (5 volumes), Completed on: 2017-07-18 | Churchill Falls (Labrador) Corporation Limited |
| 2017-07-18 | Appellant's record, (Book Form), Parts II, III and V filed electronicaly only (Pursuant to rule 38.1(1)). ONE SEALED CD FILED ON 2017-07-18., Completed on: 2017-07-18 | Churchill Falls (Labrador) Corporation Limited |
| 2017-07-18 | Appellant's factum, (Book Form), Completed on: 2017-07-18 | Churchill Falls (Labrador) Corporation Limited |
| 2017-07-14 | Correspondence received from, Debra Diepeveen (by email). Matthew J. Halpin is agent for the respondent. | Hydro-Québec |
| 2017-05-23 | Notice of appeal, Completed on: 2017-05-23 | Churchill Falls (Labrador) Corporation Limited |
| 2017-04-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-04-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-21 | Judgment on leave sent to the parties | |
| 2017-04-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-024690-141, 2016 QCCA 1229, dated August 1, 2016, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2017-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-11-14 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) | Churchill Falls (Labrador) Corporation Limited |
| 2016-11-03 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-04) | Hydro-Québec |
| 2016-11-03 | Notice of name, (Letter Form), (Electronic version filed on 2016-11-04) | Hydro-Québec |
| 2016-11-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-11-07, (Electronic version filed on 2016-11-04) | Hydro-Québec |
| 2016-10-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/10/04 | |
| 2016-09-30 | Notice of name, (Letter Form), (Electronic version filed on 2016-09-30) | Churchill Falls (Labrador) Corporation Limited |
| 2016-09-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-04) | Churchill Falls (Labrador) Corporation Limited |
| 2016-09-30 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2016-09-30, (Electronic version filed on 2016-10-04) | Churchill Falls (Labrador) Corporation Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Churchill Falls (Labrador) Corporation Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hydro-Québec | Respondent | Active |
Counsel
Party: Churchill Falls (Labrador) Corporation Limited
Counsel
Audrey Boctor
Daphné Wermenlinger
Patrick Girard
2, Place Alexis Nihon
3500, boul. De Maisonneuve Ouest, Bureau 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Hydro-Québec
Counsel
Sophie Melchers
Horia Bundaru
Andres C. Garin
Lucie Lalonde
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: pierre.bienvenu@nortonrosefulbright.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Summary
Keywords
Contracts - Performance - Good faith - Unforeseen event - Appropriate standard of foreseeability and its effect on intention of parties - Characteristics of relational contracts and whether greater duty of co-operation they involve can include obligation to renegotiate or adjust terms of contract - Appropriate remedy should party fail to discharge obligation to renegotiate - Civil Code of Québec, CQLR, c. CCQ-1991, arts. 6, 7 and 1375.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
On May 12, 1969, the appellant Churchill Falls (Labrador) Corporation Limited and the respondent Hydro-Québec entered into a contract pursuant to which the respondent undertook to purchase almost all the power generated by a hydroelectric plant that was to be built on the Churchill River in Labrador. That contract, which had a 65-year term, set a fixed price for the power that was to decrease in stages over time. The contract contained no price adjustment clause.
On February 23, 2010, the appellant instituted an action against the respondent in the Quebec Superior Court, arguing that the magnitude of the respondent’s profits resulting from the current value of electricity had been unforeseeable in 1969 and was causing an injustice. It submitted that the obligation to act in good faith and the obligation to exercise contractual rights reasonably that are provided for in the C.C.Q. imposed a duty on the respondent to renegotiate the terms of the contract.
The Superior Court dismissed the action, and the Court of Appeal affirmed the judgment. It found that, except in cases of real hardship, the general principle of good faith set out in articles 6, 7 and 1375 C.C.Q. was of no assistance to a party in the appellant’s situation.
Lower court rulings
Superior Court of Quebec
2014 QCCS 3590, 500-17-056518-106
Motion to institute proceedings dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 1229, 500-09-024690-141
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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