Bilodeau+c.+Bergeron

//Bilodeau v. Bergeron & Fils, Ltee.//

· Bergeron undertook a contract with the QC government to build a viaduct. The viaduct was to be built with certain specifications regarding the concrete girders. · Bergeron contracted with Dominion Ready Mix Inc. (Ready Mix) to supply the girders. He also hired Bilodeau to supervise. · A government representative (Mayrand) deemed five of the delivered girders to be unacceptable. · Bergeron informed Bilodeau and Ready Mix that he would hold them liable for the damages he suffered due to having to replace the girders, and subsequently brought action against them (and the government representative).
 * __Facts:__**

· Superior Court: dismissed action against Mayrand, ordered Bilodeau and Ready Mix jointly and severally to pay $18 305.63 in damages. Held Ready Mix should bear the whole of the compensation, as Bilodeau only secondarily liable. · Court of Appeal: disposed of appeals. Affirmed S.C. judgment but held Ready Mix and Bilodeau should bear an equal share of liability.
 * Judicial History:**

2) If liable, what is the nature and extent of the liability of Bilodeau and Ready Mix as between each of them.
 * __Issues:__** 1) Is the appellant (Bilodeau) liable for damages sustained by Bergeron?


 * __Held:__** Appeal dismissed. Reinstatement of reserve in Superior Court judgment (Ready Mix to bear whole compensation – pas de solidarite).

1) There is not need to intervene on the facts as found by the provincial courts. The appellants are jointly and severally liable for the damage sustained by Bergeron. 2) The reserve made in the trial judgment is sound. The two defendants failed to perform distinct and mutually exclusive obligations detailed in separate agreements with Bergeron. · Each party caused the whole damage by failing the perform the obligation relevant to him. However, they were not joint and several liable to provide what each had contracted separately. · Bilodeau was a third party with repect to Ready Mix. Bilodeau’s supervision contract did not relieve Ready Mix of the obligation to perform its contract to deliver the concrete. The burden of compensation should not be shared due to Bilodeau’s failure to supervise appropriately.
 * __Reasoning:__**

The burden of compensation is not shared between parties when their obligations are distinct and mutually exclusive.
 * __Ratio:__** Parties are responsible in whole for the damages sustained by their failure to perform a contract.