Majority
English version of the judgment of the Court delivered orally by
Lamer C.J.
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] 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.
Cases cited
- Laurentide Motels Ltd. v. Beauport (City) 19842-1989-04-20