Maska Auto Spring Ltée v. Ste‑Rosalie (Village), [1991] 2 S.C.R. 3

Maska Auto Spring Ltée Appellant

v.

Corporation municipale du village

de Ste‑Rosalie Respondent

and

Navin (Keesoondoyal) ShankerDefendant in warranty in Superior Court

indexed as: maska auto spring ltée v. ste‑rosalie (village)

File No.: 21106.

1991: June 4.

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

on appeal from the court of appeal for quebec

Municipal law ‑‑ Extra‑contractual liability of municipalities ‑‑ Laurentide Motels judgment followed.

Cases Cited

Followed: Laurentide Motels Ltd. v. Beauport (City), 1989 81 (SCC), [1989] 1 S.C.R. 705.

APPEAL from a judgment of the Quebec Court of Appeal, 1988 702 (QC CA), [1988] R.J.Q. 1576, 15 Q.A.C. 121, affirming a judgment of the Superior Court. Appeal allowed.

Armand Roy and Pierre Blain, for the appellant.

Jacques L'Heureux and Lindor Brodeur, for the respondent.

//Lamer C.J.//

English version of the judgment of the Court delivered orally by

Lamer C.J. ‑‑ We are ready to render judgment forthwith.

In view of this Court's recent decision in Laurentide Motels Ltd. v. Beauport (City), reported at 1989 81 (SCC), [1989] 1 S.C.R. 705, rendered since the Court of Appeal's decision in this case, we are all of the view that the appeal should be allowed for the reasons given by Roger Chouinard J.A., dissenting in the Court of Appeal, and that the appeal should be disposed of as he suggests.

The appeal is allowed, the action of Maska Auto Spring Ltée is allowed, the Corporation municipale du village de Ste‑Rosalie is ordered to pay Maska Auto Spring Ltée the sum of $29,000 with interest and the additional indemnity from the date of service of the action and costs throughout.

Judgment accordingly.

Solicitor for the appellant: Pierre Blain, Beloeil.

Solicitors for the respondent: Brodeur, L'Écuyer & Boileau, St‑Hyacinthe.