Desaulniers v. Ford Motor Co. of Canada Ltd., [1981] 1 SCR 260

Supreme Court of Canada

Desaulniers v. Ford Motor Co. of Canada Ltd., [1981] 1 S.C.R. 260

Date: 1981-03-19

Ernest Desaulniers (Plaintiff) Appellant;

and

Ford Motor Company of Canada Ltd. (Defendant) Respondent.

1981: March 19.

Present: Laskin C.J. and Martland, Dickson, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Sale—Motor vehicles—Hidden defects—Legal warranty—Conventional warranty—Liability of manufacturer—Privity—Tardy action—Civil Code, art. 1522.

APPEAL from a judgment of the Court of Appeal[1], setting aside a judgment of the Superior Court[2] granting damages to appellant with interest at 8 per cent.

Jean-P. Renault, for the plaintiff, appellant.

Jean-Guy Campeau, for the defendant, respondent.

English version of the judgment of the Court delivered orally by

THE CHIEF JUSTICE—Being generally in agreement with the reasons of the judge of the Superior Court, we are all of the opinion that the appeal must be allowed with costs throughout, the judgment of the Court of Appeal set aside and the judgment at trial restored varying however the interests which will be 5 per cent instead of 8 per cent.

Judgment accordingly.

Solicitors for the plaintiff appellant: Robinson, Cutler, Sheppard, Borenstein, Shapiro, Langlois, Flam & Green, Montreal.

Solicitors for the defendant, respondent: Bronstetter, Wilkie, Penhale, Donovan, Giroux & Charbonneau, Montreal.