Supreme Court of Canada

St-David de Falardeau (Corporation municipale de) et al. v. Munger, [1983] 1 S.C.R. 243

Date: 1983-02-10

Corporation municipale de St-David de Falardeau (Defendant)

and

The Attorney General of the Province of Quebec (Defendant) Appellants;

and

Réal Munger (Plaintiff) Respondent.

File No.: 16612.

1983: February 10.

Present: Dickson, Beetz, Mclntyre, Chouinard and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Civil procedure—Amendment—Incorrect description of plaintiff—Company name substituted for that of plaintiff—Prescription period expired—Whether amendment contrary to the ends of justice—Code of Civil Procedure, art. 203.

APPEAL from a judgment of the Quebec Court of Appeal, [1981] C.A. 308, setting aside a judgment of the Superior Court, [1980] C.S. 141, dismissing respondent’s verbal motion to amend his writ of summons and declaration. Appeal dismissed.

François Lamarre, for the appellant the Corporation municipale de St-David de Falardeau.

Robert Gauthier, for the appellant the Attorney General of the Province of Quebec.

Richard Dufour, for the respondent.

English version of the judgment of the Court delivered orally by

DICKSON J.—In view of the circumstances of this case, as set out in the reasons of the judges of the Court of Appeal, we are all of the opinion that the appeal should be dismissed for the specific reasons stated by Montgomery J.A. The respondent is entitled to his costs in this Court.

Judgment accordingly.

[Page 244]

Solicitors for the appellant the Corporation municipale de St-David de Falardeau: Bergeron, Cain, Lamarre & Associés, Chicoutimi.

Solicitors for the appellant the Attorney General of the Province of Quebec: Turcotte, Gauthier & Fortin, Jonquière.

Solicitors for the respondent: Dufour, Côté and Laperrière, Chicoutimi.