Supreme Court
of Canada
City of Toronto v.
Metallic Roofing Company of Canada (1906), 37 S.C.R. 692
Date: 1906-04-14
The City of Toronto (Defendants)
Appellants;
and
The Metallic Roofing
Company of Canada (Plaintiffs) Respondents.
1906: April 3, 4, 5, 6, 14.
Present: Sedgewick, Girouard, Davies,
Idington and Maclennan JJ.
Contract—Work
and materials—Faulty work—Extras—Dismissal.
APPEAL from a
decision of the Court of Appeal for Ontario,
affirming the judgment at the trial
in favour of the plaintiffs.
Plaintiffs had
contracted to cover the roof of a market building in Toronto with sheet metal
work. After the work was partly completed a delay occurred of over a year
caused by other trades working on the building. When plaintiffs were able to
resume work it was found that what they had done was inadequate as the roof
leaked badly and the architects instructed them to remedy it, which they were
unable to do. They claimed that the fault was in the construction of the roof,
the boards being too thin to hold the nails which were to secure the iron
covering, while the city claimed that in such case rivets should have been
used. Finally the city dismissed plaintiffs and had the work completed by
others.
The plaintiffs
sued for the value of the work done originally and for that done to prevent
leakage as extra work, and for other relief. The Chancellor who
[Page 693]
tried the case
held them entitled to both, and his judgment was affirmed by the Court of
Appeal.
The Supreme Court
held that plaintiffs could not recover for extras as the terms of the contract
in respect thereto had not been observed. They held, however, that plaintiffs
were entitled to damages for wrongful dismissal and directed that the reference
ordered by the Chancellor should include such damages. As each party had
partially succeeded no costs were given.
Appeal
allowed in part without costs.
Shepley K.C. and McKelcan for the
appellants.
Tilley and Johnston for the
respondents.
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