Belcourt Construction Co. v. Roger Marchand Ltée, [1989] 1 S.C.R. 1593

Belcourt Construction Co. Appellant

v.

Roger Marchand Limitée Respondent

Indexed as: Belcourt Construction Co. v. Roger Marchand Ltée

File No.: 20655.

1989: June 21.

Present: Lamer, L'Heureux‑Dubé, Sopinka, Gonthier and Cory JJ.

on appeal from the court of appeal for quebec

Contracts ‑‑ Damages ‑‑ Tenders ‑‑ Lowest bidder withdrawing offer after bids opened ‑‑ Refusal by bidder to enter into a formal contract ‑‑ Determination of damages.

APPEAL from a judgment of the Quebec Court of Appeal (1987), 14 Q.A.C. 113, affirming a judgment of the Superior Court, [1981] C.S. 585. Appeal allowed.

Gilles Poulin, for the appellant.

Denis Rousseau, for the respondent.

English version of the judgment of the Court delivered orally by

Lamer J. ‑‑ We are all of the same view as Montgomery J.A. of the Court of Appeal. For the reasons he gave, we allow the appeal and order Roger Marchand Limitée to pay Belcourt Construction Co. the sum of $138,056.55, with interest, as well as the indemnity provided for in art. 1078.1 of the Civil Code of Lower Canada from April 13, 1985, and costs throughout.

Judgment accordingly.

Solicitors for the appellant: Adessky Kingstone, Montréal.

Solicitors for the respondent: Leduc, LeBel, Montréal.