Supreme Court of Canada

Canadian Imperial Bank of Commerce v. Riddell Stead & Co. et al., [1983] 1 S.C.R. 656

Date: 1983-05-17

Carl J. Zidle Appellant;

and

Canadian Imperial Bank of Commerce Respondent;

and

Riddell Stead & Co. and Melvin C. Zwaig Respondents.

AND BETWEEN

Canadian Imperial Bank of Commerce Appellant;

and

Riddell Stead & Co. and Melvin C. Zwaig Respondents.

File No.: 16302.

1983: May 3, 4; 1983: May 17.

Present: Ritchie, Beetz, Estey, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Banks—Liability—Taking possession of inventory transferred in warranty—Part of inventory lost—Liability exclusion clause applicable—No gross fault attributable to Bank.

APPEAL from a judgment of the Quebec Court of Appeal[^1], reversing a judgment of the Superior Court[^2]. Appeal dismissed.

Jean Delage and Jacques Des Marais, for the appellant.

Michel Rioux, Q.C., and Thomas Montgomery, Q.C., for the respondents.

English version of the judgment of

THE COURT—In view of the judgment rendered concurrently with this case, dismissing the appeal of Carl J. Zidle in the principal action[^3], the appeal of Canadian Imperial Bank of Commerce against Riddell Stead & Co. and Melvin c. Zwaig in the

[Page 657]

action in warranty has become unnecessary and is dismissed without costs.

Appeal dismissed.

Solicitors for the appellant: Monet, Hart, Saint-Pierre & Des Marais, Montreal.

Solicitors for the respondents: Colby, Rioux & Demers, Montreal.

[^1]: C.A. Mtl., No. 500-09-000-914-762, August 26, 1980. [^2]: S.C. Mtl., No. 05-000807-754, July 9, 1976. [^3]: See 1983 143 (SCC), [1983] 1 S.C.R. 654.