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ARTICLE · 06 SEPTEMBER 2017

Does The Duty To Inform Apply Solely To The Contracting Parties?

McCarthy Tétrault
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The Quebec Superior Court granted St-Nicolas and Corriveau's claims and awarded damages to both.

CanadaLitigation, Mediation & Arbitration
Canadian Appeals Monitor
Canadian Appeals Monitor
Paul Blanchard
Paul Blanchard
Gabrielle Baracat
Gabrielle Baracat
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In Camions Daimler Canada ltée v. Camions Sterling de Lévis inc., 2017 QCCA 798, the Quebec Court of Appeal confirmed that the duty to inform that exists between contracting parties, which has been recognized as a general principle of Quebec contractual law since the early 1980s, may also apply to third parties, insofar as they might be impacted by the contractual relationship.

Background

A dispute arose from the unilateral termination of a dealership contract by the Appellant, Camions Daimler Trucks Canada Ltée ("Daimler"). The dealer, the respondent Camions Sterling de Lévis Inc. ("Lévis"), operated a dealership for Sterling brand trucks, which were manufactured by Daimler. In October 2008, Daimler informed all North American Sterling truck dealerships that they would cease manufacturing Sterling trucks. Daimler offered to a number of dealerships the opportunity to convert their business into a parts and services business for Sterling brand trucks, which

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