23 October 2019
CGC’s expertise recognized by the Court in the Janin Bot v. Hydro-Québec and SEBJ case
On October 23, 2019, the Superior Court of Québec rendered a decision in favour of Hydro-Québec in the Janin-Atlas, Bot (“JAB”) v. Hydro-Québec and the Société d’énergie de la Baie-James (“SEBJ”) case.
In 2003, SEBJ, a subsidiary of Hydro-Québec, began the construction of the Eastmain-1 hydroelectric generating station. In preparation for the construction of the station, SEBJ awarded the contract for the excavation work of the Eastmain River diversion canal to JAB in January 2003 for a sum of $26 million. Construction was completed on May 15, 2004, two and a half months after the planned end date. The final cost of the work totalled $62.5 million.
JAB filed a lawsuit in July 2006 with the Superior Court of Québec seeking $48.2 million, which would later be reduced to $33.4 million in May 2019. The claim was based on allegations that the rock conditions differed greatly from those expected and on an assertion of undue interference by SEBJ in the management of the work.
This case was a complex one that required establishing a link between damages and their causes. The Court therefore requested the input of experts. Léandre Mercier, the President and Senior Partner of CGC, was mandated by Hydro-Québec to analyze and describe to the Court how the construction site was managed.
The Court then relied on this report in its judgement. The decision has been appealed.