Case information
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39708
Silos Roy-Larouche inc. v. Ferme Coulée Douce 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) |
|---|---|---|
| 2021-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-11-18 | Judgment on leave sent to the parties | |
| 2021-11-18 | Close file on Leave | |
| 2021-11-18 |
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 500-09-028321-198, 2021 QCCA 704, dated April 23, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2021-10-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-16 | Certificate (on limitations to public access), (Letter Form), Required: Amended 23A (rec'd 2021-10-15), (Electronic version filed on 2021-09-14) | Ferme Coulée Douce inc. |
| 2021-08-16 | Notice of name, (Electronic version filed on 2021-09-14) | Ferme Coulée Douce inc. |
| 2021-08-16 |
Respondent's response on the application for leave to appeal, (Book Form), Rec'd (2021-09-14): proof of service, 23A, 14 Required: Amended 23A (rec'd 2021-10-15), Completed on: 2021-10-15, (Electronic version filed on 2021-08-24) |
Ferme Coulée Douce inc. |
| 2021-06-28 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-06-28 | |
| 2021-06-14 |
Certificate (on limitations to public access), (Letter Form), Require: - Proof of service - rec'd 2021-06-25 , (Printed version filed on 2021-06-14) |
Silos Roy-Larouche inc. |
| 2021-06-14 |
Notice of name, (Letter Form), Require: - Proof of service - rec'd 2021-06-25 , (Printed version filed on 2021-06-14) |
Silos Roy-Larouche inc. |
| 2021-06-14 |
Application for leave to appeal, (Book Form), (2 volumes), Require: - Proof of service - rec'd 2021-06-25 -filing fee (rec'd 2021-07-16), Completed on: 2021-06-28, (Printed version filed on 2021-06-14) |
Silos Roy-Larouche 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 |
|---|---|---|
| Silos Roy-Larouche inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ferme Coulée Douce inc. | Respondent | Active |
Counsel
Party: Silos Roy-Larouche inc.
Counsel
449 rue Hériot
Drummondville, Quebec
J2B 1B4
Telephone: (819) 477-6321
FAX: (819) 474-5691
Email: christinejutras@jutras.ca
Party: Ferme Coulée Douce inc.
Counsel
303, rue Victoria
Salaberry-De-Valleyfield, Quebec
J8T 1B2
Telephone: (450) 371-2221
FAX: (450) 371-2094
Email: jg.mercierrancourt@rljavocats.com
Summary
Keywords
Civil liability — Prescription — Progressive injury — Interruption of prescription — Whether Superior Court and Court of Appeal have expanded scope of concept of impossibility to act that justifies suspension of prescription by extending it to mere verifications and/or reassuring comments made by company to its customer, contrary to criteria from Oznaga v. Société d’exploitation des loteries et courses du Québec, [1981] 2 S.C.R. 113 — Whether repairs or accommodation relating to shed adjacent to building constructed by company that has no impact on building as such can constitute act of interruption of prescription — Civil Code of Québec, arts. 2118, 2898, 2925, 2926.
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.
The applicant, Silos Roy Larouche Inc. (SRL), makes and installs silos. In 2007, SRL made and installed a silo on the property of the respondent, Ferme Coulée Douce Inc. (Ferme). In each spring from 2008 to 2011, Ferme noticed that the silo was sinking into the ground and informed SRL of this. Each year, SRL sent a representative to take measurements and reassure Ferme that it is normal for a silo to shift. In 2012, SRL did work on the floor of the silo shed adjoining the silo and assured Ferme that the silo had stabilized. Ferme noticed in the spring of 2013 that the silo had sunk again and that it was leaning. It sent two formal notices to SRL in 2014 that went unanswered. Ferme hired experts, who informed it that the silo would have to be put on a pile foundation to stabilize it, and in December 2014, Ferme brought an action against SRL to recover the cost of the work and other expenditures. SRL argued that the action was prescribed because it had not been brought within three years from the day the problems with the silo had appeared for the first time as required by arts. 2925 and 2926 of the Civil Code of Québec.
The Superior Court held that the action was not prescribed, as prescription had been suspended from 2008 to 2011 and again in 2012. It ordered SRL to pay Ferme $144,840.55 plus interest and costs, in addition to expert fees. The Court of Appeal dismissed SRL’s appeal.
Lower court rulings
Superior Court of Quebec
2019 QCCS 1564, 760-17-003754-143
SRL ordered to pay Ferme $144,840.55 plus interest at legal rate and costs
Court of Appeal of Quebec (Montréal)
2021 QCCA 704, 500-09-028321-198
Appeal by SRL dismissed with costs
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