The respondent failed to serve and file its factum within the prescribed time, resulting in its appeal being deemed abandoned under the Code of Civil Procedure.
The respondent applied to the Court of Appeal to rectify the abandonment, citing a technical error by counsel.
The Court of Appeal granted the motion.
On appeal to the Supreme Court of Canada, the Court held, following its concurrent decision in Construction Gilles Paquette ltée, that the Court of Appeal has the general power to rectify such an abandonment to safeguard the parties' rights where the error is technical and causes no prejudice.
The appeal was allowed solely to amend the Court of Appeal's order, finding that special leave to appeal was unnecessary to reinstate the appeal.
