Case information
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38904
6362222 Canada inc. v. Prelco inc.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-11-18 | Appeal closed | |
| 2021-10-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-10-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-10-15 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-009366-169, 2019 QCCA 1457, dated September 5, 2019, which was heard on December 3, 2020, is allowed with costs throughout. The judgments of the Court of Appeal of Quebec and of the Superior Court of Quebec are set aside in part. The conclusions with regard to the orders concerning the heads of claim for claims from customers, loss of profits on sales made and loss of profits on sales lost are set aside. Allowed, with costs |
|
| 2020-12-22 | Transcript received, 91 pages | |
| 2020-12-10 | General proceeding, (Letter Form), Case Sensitivity Questionnaire | 6362222 Canada inc. |
| 2020-12-03 | General proceeding, (Letter Form), Case Sensitivity Questionnaire | Prelco inc. |
| 2020-12-03 | Judgment reserved OR rendered with reasons to follow | |
| 2020-12-03 |
Hearing of the appeal, 2020-12-03, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment reserved |
|
| 2020-12-02 | Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book, (Printed version filed on 2020-12-02) | Prelco inc. |
| 2020-12-02 | Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book, (Printed version filed on 2020-12-02) | 6362222 Canada inc. |
| 2020-12-01 | Appellant's condensed book, (Book Form), Missing: Form 23B (rec' 12/02/20), (Printed version filed on 2020-12-01) | 6362222 Canada inc. |
| 2020-11-30 | Respondent's condensed book, (Book Form), Missing: Form 23B (rec' 12/02/20), Proof of service (rec' 12//02/20), (Printed version filed on 2020-11-30) | Prelco inc. |
| 2020-11-19 | Notice of appearance, (Letter Form), Catherine Cloutier and André Johnson will appear before the court. Ms. Cloutier will present oral arguments. | Prelco inc. |
| 2020-09-02 | Notice of hearing sent to parties | |
| 2020-08-25 |
Appeal hearing scheduled, 2020-12-03, Pour que l'appel se déroule le 3 décembre 2020, le calendrier de dépôt sera le suivant: a) Le dossier, le mémoire et le recueil de sources, le cas échéant, de l’intimée doivent être signifiés et déposés au plus tard le 21 août 2020. b) Toute personne qui souhaite intervenir dans cet appel en vertu de la règle 55 des Règles de la Cour suprême du Canada, doit signifier et déposer une requête en autorisation d’intervenir au plus tard le 24 juillet 2020. c) Toute réponse aux requêtes en intervention doit être signifiée et déposée au plus tard le 31 juillet 2020 et toute réplique doit être signifiée et déposée au plus tard le 4 août 2020. Judgment reserved |
|
| 2020-08-21 | Certificate of counsel (attesting to record), (Letter Form) | Prelco inc. |
| 2020-08-21 | Certificate (on limitations to public access), (Letter Form), Amended 23B; Amended certificate required-rec'd 2020/08/28, (Printed version filed on 2020-10-09) | Prelco inc. |
| 2020-08-21 | Certificate (on limitations to public access), (Letter Form), Amended 23A, (Printed version filed on 2020-10-09) | Prelco inc. |
| 2020-08-21 | Respondent's book of authorities, (Book Form), (5 volumes), Completed on: 2020-08-21 | Prelco inc. |
| 2020-08-21 | Respondent's factum, (Book Form), Completed on: 2020-08-21, (Printed version filed on 2020-10-09) | Prelco inc. |
| 2020-07-23 | Correspondence received from, (Letter Form), Me Frédérick Langlois is agent for the respondent. | Prelco inc. |
| 2020-07-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by email to all parties on July 15, 2020) | |
| 2020-06-26 | Correspondence received from, (Letter Form), correspondence: clarification of documents submitted | 6362222 Canada inc. |
| 2020-06-26 | Supplemental document, (Book Form), (10 volumes), Common Appendices submitted to the QCCA, vol 1-10, Completed on: 2020-06-26 | 6362222 Canada inc. |
| 2020-06-26 | Appellant's book of authorities, (Book Form), (7 volumes), Completed on: 2020-06-26 | 6362222 Canada inc. |
| 2020-06-26 | Certificate of counsel (attesting to record), (Letter Form), 24A | 6362222 Canada inc. |
| 2020-06-26 |
Certificate (on limitations to public access), (Letter Form), 23A-Re-Amended and submitted with Appellant's Factum/Record Required: amended 23A (rec'd 2020/07/03) |
6362222 Canada inc. |
| 2020-06-26 |
Certificate (on limitations to public access), (Letter Form), 23B-Record Required: amended 23B (rec'd 2020/07/03) |
6362222 Canada inc. |
| 2020-06-26 | Appellant's record, (Book Form), (4 volumes), Vols 2 & 3 SEALED | Vols 2 & 3 SCELLÉ (Volumes 2-4 labelled Volumes A-C), Completed on: 2020-06-26, (Printed version filed on 2020-10-09) | 6362222 Canada inc. |
| 2020-06-26 | Certificate (on limitations to public access), (Letter Form), 23B-Factum | 6362222 Canada inc. |
| 2020-06-26 | Appellant's factum, (Book Form), received: appellants counsel re-served copy of appellant's factum, correcting clerical error in a reference in footnote 184 (rec'd 2020/06/29), Completed on: 2020-06-26, (Printed version filed on 2020-10-09) | 6362222 Canada inc. |
| 2020-05-01 | Notice of appeal, (Letter Form), Completed on: 2020-05-01 | 6362222 Canada inc. |
| 2020-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-03 | Judgment on leave sent to the parties | |
| 2020-04-02 |
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 (Québec), Number 200-09-009366-169, 2019 QCCA 1457, dated September 5, 2019, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2020-02-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-02-14 | Certificate (on limitations to public access), (Letter Form), 23B-Reply | 6362222 Canada inc. |
| 2020-02-14 | Certificate (on limitations to public access), (Letter Form), 23B-Application | 6362222 Canada inc. |
| 2020-02-13 | Certificate (on limitations to public access), (Letter Form) | Prelco inc. |
| 2020-01-08 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-01-08 | 6362222 Canada inc. |
| 2019-12-17 | Certificate (on limitations to public access), (Letter Form), 23A | Prelco inc. |
| 2019-12-17 | Notice of name, (Letter Form) | Prelco inc. |
| 2019-12-17 | Respondent's response on the application for leave to appeal, (Letter Form), 23B missing-rec'd 2020/02/13, Completed on: 2019-12-17 | Prelco inc. |
| 2019-11-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2019-11-04 | Book of authorities, (Book Form), Completed on: 2019-11-04 | 6362222 Canada inc. |
| 2019-11-04 | Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate required-rec'd 2020/02/14 | 6362222 Canada inc. |
| 2019-11-04 | Notice of name, (Letter Form), Amended notice required-rec'd 2019/12/05 | 6362222 Canada inc. |
| 2019-11-04 | Application for leave to appeal, (Book Form), Missing 23B-rec'd 2020/02/14, Completed on: 2020-02-14 | 6362222 Canada inc. |
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 |
|---|---|---|
| 6362222 Canada inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Prelco inc. | Respondent | Active |
Counsel
Party: 6362222 Canada inc.
Counsel
Guy J. Pratte
Julien Boudreault
1000, rue de la Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3199
FAX: (514) 954-1905
Email: sricher@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Prelco inc.
Counsel
André Johnson
Frédérique Lessard
300 - 70, rue Dalhousie
Québec, Quebec
G1K 4B2
Telephone: (418) 640-4424
FAX: (418) 523-5391
Email: catherine.cloutier@steinmonast.ca
Agent
867, boul. Saint-René Ouest, bureau 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Summary
Keywords
Contract - Limitation of liability clause - Clause set aside - Whether Quebec civil law should recognize doctrine, created by courts and authors, of breach of so called essential obligation, which allows exculpatory clause going to essence of contract to be set aside - If so, what are parameters of this doctrine, and whether doctrine was correctly applied in this case.
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.
(SEALING ORDER AND PUBLICATION BAN)
The respondent, Prelco inc., a company specializing in the processing of flat glass, sued the appellant, 6362222 Canada inc., for additional costs and loss of profits associated with a project to implement an integrated management system for its operations. 6362222 Canada inc. contested the application and filed a cross-application for unpaid invoices.
The Superior Court found that 6362222 Canada inc. was at fault in its implementation approach, that the service provider was responsible for determining the appropriate type of implementation and that this was an essential obligation. In its view, this fundamental error giving rise to the damage made the limitation of liability clause in the agreement inapplicable. 6362222 Canada inc. was ordered to pay Prelco $1,872,266 with interest and the additional indemnity.
The Court of Appeal found that the trial judge had not erred in determining the applicable principles or in applying those principles to the facts. The appeal and the incidental appeal were dismissed.
Lower court rulings
Superior Court of Quebec
2016 QCCS 4086, 250-17-000894-118
Applicant ordered to pay respondent $1,872,266 with interest and additional indemnity
Court of Appeal of Quebec (Québec)
200-09-009366-169, 2019 QCCA 1457
Appeal and incidental 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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