Canadian Imperial Bank of Commerce v. Riddell Stead & Co. et al.

Canadian Imperial Bank of Commerce v. Riddell Stead & Co. et al.
Collection
Supreme Court Judgments
Date
1983-05-17
Report
[1983] 1 SCR 656
Case number
16302
Judges
Ritchie, Roland Almon; Beetz, Jean; Estey, Willard Zebedee; Chouinard, Julien; Lamer, Antonio
On appeal from
Quebec
Subjects
Financial institutions
Decision Content
Supreme Court of Canada
Canadian Imperial Bank of Commerce v. Riddell Stead & Co. et al., [1983] 1 S.C.R. 656
Date: 1983-05-17
Carl J. Zidle Appellant;
and
Canadian Imperial Bank of Commerce Respondent;
and
Riddell Stead & Co. and Melvin C. Zwaig Respondents.
AND BETWEEN
Canadian Imperial Bank of Commerce Appellant;
and
Riddell Stead & Co. and Melvin C. Zwaig Respondents.
File No.: 16302.
1983: May 3, 4; 1983: May 17.
Present: Ritchie, Beetz, Estey, Chouinard and Lamer JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC
Banks—Liability—Taking possession of inventory transferred in warranty—Part of inventory lost—Liability exclusion clause applicable—No gross fault attributable to Bank.
APPEAL from a judgment of the Quebec Court of Appeal[1], reversing a judgment of the Superior Court[2]. Appeal dismissed.
Jean Delage and Jacques Des Marais, for the appellant.
Michel Rioux, Q.C., and Thomas Montgomery, Q.C., for the respondents.
English version of the judgment of
THE COURT—In view of the judgment rendered concurrently with this case, dismissing the appeal of Carl J. Zidle in the principal action[3], the appeal of Canadian Imperial Bank of Commerce against Riddell Stead & Co. and Melvin c. Zwaig in the action in warranty has become unnecessary and is dismissed without costs.
Appeal dismissed.
Solicitors for the appellant: Monet, Hart, Saint-Pierre & Des Marais, Montreal.
Solicitors for the respondents: Colby, Rioux & Demers, Montreal.
[1] C.A. Mtl., No. 500-09-000-914-762, August 26, 1980.
[2] S.C. Mtl., No. 05-000807-754, July 9, 1976.
[3] See [1983] 1 S.C.R. 654.