Lanificio Fratelli Bettazzi S.N.C. v. Tissus Ranchar Inc., [1990] 2 S.C.R. 1109

Lanificio Fratelli Bettazzi S.N.C. Appellant

v.

Tissus Ranchar Inc. Respondent

Indexed as: Lanificio Fratelli Bettazzi S.N.C. v. Tissus Ranchar Inc.

File No.: 21373.

1990: October 10.

Present: Lamer C.J. and Wilson, La Forest, L'Heureux‑Dubé, Sopinka, Cory and Stevenson JJ.

on appeal from the court of appeal for quebec

Sale of goods ‑‑ Action for goods sold and delivered ‑‑ Court of Appeal reversing trial judgment ordering payment of balance of account ‑‑ Appeal allowed and trial judgment restored.

APPEAL from a judgment of the Quebec Court of Appeal rendered June 6, 1989, dismissing appellant's motion to rectify or retract the judgment. Appeal dismissed.

APPEAL from a judgment of the Quebec Court of Appeal, J.E., 89‑365, reversing the judgment of the Superior Court[^1] ordering respondent to pay appellant the balance of an account. Appeal allowed, Stevenson J. dissenting.

Léo Di Battista, for the appellant.

Philip E. Fine, for the respondent.

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ As regards the appeal of the Court of Appeal's decision on the motion, we need not hear you, Mr. Fine. The appeal is dismissed with costs.

(After hearing from Mr. Fine, and Mr. Di Battista in reply, on the other appeal:)

The Court, Mr. Justice Stevenson dissenting, is of the view that this appeal of the judgment of the Quebec Court of Appeal, dated December 22, 1988, be allowed and the judgment of the Superior Court be restored, with costs throughout. Stevenson J. would dismiss with costs, agreeing with the reasons of Mr. Justice Kaufman of the Court of Appeal.

Judgment accordingly.

Solicitor for the appellant: Léo Di Battista, Montréal,

Solicitors for the respondent: Tanny & Fine, Montréal.

[^1]: Sup. Ct. Montréal, No. 500‑05‑009706‑845, January 21, 1986.