Case information
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37093
Buesco Construction inc., et al. v. Hôpital Maisonneuve-Rosemont
(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) |
|---|---|---|
| 2019-01-31 | Close file on Leave | |
| 2019-01-31 | Order on motion to extend time, by ROGER BILODEAU, Q.C. | |
| 2019-01-31 |
Decision on motion to extend time, Reg, À LA SUITE DE LA DEMANDE présentée par l’intimé, Hôpital Maisonneuve-Rosemont, en prorogation du délai pour signifier et déposer son avis de taxation et son mémoire de frais au 14 septembre 2018; ET APRÈS EXAMEN des documents déposés et pleine considération des raisons du retard; IL EST ORDONNÉ CE QUI SUIT : La requête est rejetée. Dismissed |
|
| 2019-01-31 | Submission of motion to extend time, Reg | |
| 2018-11-07 | Motion to extend time, (Letter Form), Filing fee missing (received 2018-12-05). Affidavit in support of motion received 2019-01-16., Completed on: 2018-12-05 | Hôpital Maisonneuve-Rosemont |
| 2018-09-14 | Bill of costs, (Letter Form), Filing fees missing (received 2018-12-05). Late - motion for extension of time required (received 2018-11-07)., Completed on: 2018-12-05 | Hôpital Maisonneuve-Rosemont |
| 2016-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-12-23 | Judgment on leave sent to the parties | |
| 2016-12-22 |
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), Numbers, 500-09-023871-130 and 500-09-023873-136, 2016 QCCA 739, dated May 3, 2016, and corrected on May 31, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-11-28 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-09-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-09-12, (Printed version filed on 2016-09-12) | Buesco Construction inc. |
| 2016-08-30 | Notice of name, (Letter Form), (Electronic version filed on 2016-08-30) | Hôpital Maisonneuve-Rosemont |
| 2016-08-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-30) | Hôpital Maisonneuve-Rosemont |
| 2016-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-08-30, (Electronic version filed on 2016-08-30) | Hôpital Maisonneuve-Rosemont |
| 2016-07-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/07/04 | |
| 2016-06-30 | Notice of name, (Letter Form), (Electronic version filed on 2016-06-30) | Buesco Construction inc. |
| 2016-06-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-30) | Buesco Construction inc. |
| 2016-06-30 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2016-07-04, (Electronic version filed on 2016-06-30) | Buesco Construction 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 |
|---|---|---|
| Buesco Construction inc. | Applicant | Active |
| C.G.U. Insurance Company of Canada, now known as Aviva Insurance Company of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hôpital Maisonneuve-Rosemont | Respondent | Active |
Counsel
Party: Buesco Construction inc.
Counsel
Julien Lussier
Place Alexis Nihon-Tour 2, bureau 1400
3500, boulevard de Maisonneuve Ouest
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7729
FAX: (514) 935-2999
Email: sperron@imk.ca
Party: C.G.U. Insurance Company of Canada, now known as Aviva Insurance Company of Canada
Counsel
Julien Lussier
Place Alexis Nihon-Tour 2, bureau 1400
3500, boulevard de Maisonneuve Ouest
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7729
FAX: (514) 935-2999
Email: sperron@imk.ca
Party: Hôpital Maisonneuve-Rosemont
Counsel
Annick Gauthier Bernier
Bureau 440
580, Grande Allée Est
Québec, Quebec
G1R 2K2
Telephone: (418) 723-3302 Ext: 4037
FAX: (418) 722-6939
Email: yvan.bujold@clcw.ca
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.
Contracts – Abuse of rights – Obligation to inform – In contractual matters, whether acting contrary to requirements of good faith amounts to abuse of rights – Whether obligation to inform ceases where other contracting party commits contractual fault during performance of contract or whether it continues until contract is extinguished.
In the late fall of 2002, the applicant Buesco Construction inc. (“Buesco”) began carrying out a construction project for the respondent Hôpital Maisonneuve-Rosemont (“HMR”). The project involved erecting the structures of a building to be used as an ambulatory centre. While the work was in progress, HMR resiliated the contract with Buesco, citing serious breaches by Buesco, including improperly letting the ground freeze, producing defective schedules and not planning for any shoring method that could be used with frozen ground.
HMR then instituted an action against Buesco and its surety, the Aviva Insurance Company of Canada, for the costs incurred to complete the work. Buesco sued HMR and the Société immobilière du Québec in right of the Corporation d’hébergement du Québec, alleging, inter alia, the unlawful and improper resiliation of the contract in question. Buesco claimed its balance under the contract, lost profits on the portion of unperformed work and damages.
Lower court rulings
Superior Court of Quebec
2013 QCCS 3832, 500-17-018560-030, 500-17-019316-044
File 500-17-019316-044: action allowed in part
File 500-17-018560-030: action dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 739, 500-09-023871-130, 500-09-023873-136
Respondent’s appeals allowed in part; incidental appeal of applicant Buesco Construction Inc. dismissed
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
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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
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