2018 QCCA 1858, 2018 QCCA 1858
Opinion
J. Noël Francoeur inc. c. Industrielle Alliance, assurances auto et habitation inc. 2018 QCCA 1858 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027879-188 (405-22-004999-178) MINUTES OF THE HEARING DATE: October 31, 2018 THE HONOURABLE MARK SCHRAGER, J.A. PETITIONER COUNSEL J. NOËL FRANCOEUR INC. Mtre SARA GLOUTNAY (Donati Maisonneuve s.e.n.c.r.l.) RESPONDENT COUNSEL INDUSTRIELLE ALLIANCE, ASSURANCE AUTO ET HABITATION INC.
Mtre LISA SAVOIE (Industrielle Alliance, Assurance auto & habitation) DESCRIPTION: Application for leave to appeal from a judgment terminating the proceeding rendered on August 30 th , 2018, by the Honourable Sophie Lapierre of the Court of Quebec, District of Drummond. (Art. 30(2) and 357 C.c.p. ) Clerk: Lory Beauregard Courtroom: RC-18
HEARING 9:36 Commencement of the hearing. Identification of counsel. Recess of the hearing. 10:00 Resumption of the hearing. 10:01 Submissions by Mtre Gloutnay. 10:04 The judge wishes to hear Mtre Savoie. Submissions by Mtre Savoie. 10:11 Rebuttal by Mtre Gloutnay. Recess of the hearing. 10:19 Resumption of the hearing. 10:20 By the judge : Judgment – see page 3. 10:23 Conclusion of the hearing. (
s) Lory Beauregard, clerk BY THE JUDGE JUDGMENT [ 1 ] The Appellant seeks leave to appeal the judgment rendered on August 30, 2018 by the Court of Quebec, District of Drummond (the Honourable Sophie Lapierre), condemning the Appellant to pay the Respondent damages in the amount of $10,696.68 plus interest, special indemnity and costs. [ 2 ] The Appellant was engaged by the fire department of the City of Drummondville to provide a tractor and driver to demolish the remnants of a garage burnt in a fire with a view to determining if the fire had been completely extinguished.
In providing the services, the driver managed to damage an oil tank on the property, giving rise to a claim in damages by the property owners. The Respondent, insurance company, is subrogated into those rights. [ 3 ] The judgment rejected the Appellant’s plea to benefit from the exoneration of liability contained in
Section 47 of the Fire Safety Act , [1] in favour of persons whose assistance is required by the fire department. [ 4 ] The judge’s
interpretation is without precedent as pleaded by the Appellant. I agree that there is a point of principle involved with repercussions going beyond the rights of the immediate parties so that the criteria for leave under
Article 30 C.C.P. are satisfied. Considerations of proportionality are not an impediment to granting leave as the Appellant’s attorney informs me that its insurers are willing to incur the costs of an appeal. I also take cognizance that the Appellant does not contest the finding of fault on the part of the driver of the tractor. FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the Application for leave to appeal from a judgment that terminates a proceeding rendered on August 30, 2018 by the Court of Quebec, District of Drummond (the Honourable Sophie Lapierre); [ 6 ] THE WHOLE , with costs to follow the outcome of the appeal. MARK SCHRAGER , J.A.
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