Case information
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31177
Chubb Insurance Company of Canada v. Domtar Inc.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-04-30 | Payment out cheque issued, ($537.54) | |
| 2008-04-17 | Approved order for payment out, joint with consent (sent to Finance April 17/08) | |
| 2007-12-10 | Appeal closed | |
| 2007-11-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-11-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-11-22 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-013667-035, dated August 24, 2005, heard on November 8, 2006, is dismissed and the judgment of the Court of Appeal is affirmed, with costs throughout. Dismissed, costs in this Court and courts below |
|
| 2006-11-27 | Transcript received, (107 pages) | |
| 2006-11-08 | Judgment reserved OR rendered with reasons to follow | |
| 2006-11-08 | Acknowledgement and consent for video taping of proceedings | |
| 2006-11-08 | Supplemental document, 14 copies of Court of Appeal jugement - distributed at the hearing., Completed on: 2006-11-08 | Domtar Inc. |
| 2006-11-08 | Respondent's condensed book, 24 copies -distributed at the hearing. | Domtar Inc. |
| 2006-11-08 |
Hearing of the appeal, 2006-11-08, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-10-26 | Notice of appearance, Eric Mongeau, Patrick Girard and Charles Nadeau will be present at the hearing. | Chubb Insurance Company of Canada |
| 2006-10-25 | Correspondence received from, Gregory Bordan, dated Oct 25/06, re: hearing. | Chubb Insurance Company of Canada |
| 2006-10-23 | Notice of appearance, Olivier Kott and Gregory Bordan will be present at the hearing. | Domtar Inc. |
| 2006-09-11 | Appeal perfected for hearing | |
| 2006-09-08 | Book of authorities, Completed on: 2006-09-08 | Domtar Inc. |
| 2006-09-08 | Respondent's factum, Record included (1 page) (5 CDs rec'd Sept 12/06 joint with 31176), Completed on: 2006-09-13 | Domtar Inc. |
| 2006-08-29 | Correspondence received from, Lafortune Inc. dated Aug. 25/06 re: enclosing a CD-ROM of appellants' documents (joint with 31176) | Chubb Insurance Company of Canada |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-11-08, (previously Dec. 5/06) Judgment reserved |
|
| 2006-07-17 | Appellant's record, Completed on: 2006-07-17 | Chubb Insurance Company of Canada |
| 2006-07-17 | Appellant's factum, CD rec'd July 20/06, Completed on: 2006-07-20 | Chubb Insurance Company of Canada |
| 2006-06-08 | Correspondence (sent by the Court) to, Mr. Girard in response to his letter of May 24/06 (joint with 31174-176) | |
| 2006-05-26 | Correspondence received from, Gregory B. Bordan dated May 24/06 re: endorses Mr. Girard's proposition (see letter of May 24/06)(joint with 31174-176) | Domtar Inc. |
| 2006-05-25 | Appeal court record, 1 copy on CD-Rom with a hard copy of the general index (joint with 31174-176) | |
| 2006-05-25 | Correspondence received from, Patrick Girard dated May 24/06 re: Appeal Court record on CD-Rom et appellant's record (joint with 31174-176) | Chubb Insurance Company of Canada |
| 2006-04-28 | Notice of deposit for security | Chubb Insurance Company of Canada |
| 2006-04-24 | Notice of appeal, $10.00 receipt no. 3832, Completed on: 2006-05-01 | Chubb Insurance Company of Canada |
| 2006-04-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-03-24 | Judgment on leave sent to the parties | |
| 2006-03-23 |
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 (Montreal), Number 500-09-013667-035, dated August 24, 2005, is granted with costs to follow the event. Granted, costs to follow |
|
| 2006-02-20 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-11-18 | Respondent's response on the application for leave to appeal, Completed on: 2005-11-18 | Domtar Inc. |
| 2005-11-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-11-01 | Correspondence received from, Patrick Girard dated Nov. 1, 2005. Re: Style of cause | Chubb Insurance Company of Canada |
| 2005-10-24 | Application for leave to appeal, Completed on: 2005-10-24 | Chubb Insurance Company of Canada |
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 |
|---|---|---|
| Chubb Insurance Company of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Domtar Inc. | Respondent | Active |
Counsel
Party: Chubb Insurance Company of Canada
Counsel
Patrick Girard
Charles Nadeau
1155, boul. René-Lévesque ouest
Bureau 4000
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3043
FAX: (514) 397-3643
Email: emongeau@stikeman.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Domtar Inc.
Counsel
Gregory B. Bordan
1100 - 1981 avenue McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1500 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Summary
Keywords
None.
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.
Following a meeting between managers and engineers on each side, Domtar chose ABB Inc. and Alstom Canada Inc. over a competitor to manufacture and install a recovery boiler with a superheater. The contract was for approximately $11 million. The tubes in the chosen superheater model were connected by rigid attachments, since flexible attachments would have cost $500,000 more. The boiler began operating in the fall of 1987 and was unable to withstand continuous use by Domtar. After a first explosion, followed by repairs, new problems led to a precautionary shutdown in the spring of 1989. An inspection showed extensive cracking. Since it disagreed with the manufacturer about the causes of the problem, Domtar went to the competitor of ABB and Alstom and replaced the superheater with one that used flexible attachments. In 1989, it sued those companies for the full amount of the initial sale, alleging that there was a latent defect. In 1996, it added breach of a duty of disclosure as a ground for its proceedings. The Superior Court awarded damages for breach of the duty of disclosure. The Court of Appeal awarded them for this reason and because there was a latent defect, and it varied the amount of the damages.
The Chubb Insurance Company was tied to ABB and Alstom through a performance bond covering latent defects. Since the Superior Court found in the principal case that there were no latent defects, it did not give effect to that bond. The Court of Appeal found that there was a latent defect and gave effect to the bond.
Lower court rulings
Superior Court of Quebec
500-05-007923-897
Réclamation de l'intimée Domtar contre l'assureur Chubb rejetée.
Court of Appeal of Quebec (Montréal)
500-09-013667-035
Appel accueilli; demanderesse condamnée à payer la somme de $725 936.90
Filed documents
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 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 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
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available