Paquet v. Dufour

Paquet v. Dufour

Concurrent factual findings that the employer provided an unsafe blasting system and that the foreman sanctioned the dangerous method established employer liability; plaintiff's partial negligence reduced recovery and damages were apportioned accordingly; appellate court will not overturn such findings of fact.

Citation
(1907) 39 SCR 332
Parties
Appellant (defendant): Joseph Paquet; Respondent (plaintiff): Juste Dufour
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 October 1907
Procedural Posture
Tort Negligence (blasting/dynamite) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec; Judgment Affirmed
Outcome
Appeal dismissed; judgments of Superior Court and Court of King's Bench affirmed.
Legal Topics
Blasting, Contributory Negligence, Employer's Duty to Provide Safe Appliances, Apportionment of Damages, Deference to Findings of Fact
Source Language
English
Torts Negligence Blasting Contributory Negligence Employer's Duty to Provide Safe Appliances Apportionment of Damages Deference to Findings of Fact

Case Brief

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Parties

Joseph Paquet

Appellant (defendant)

Juste Dufour

Respondent (plaintiff)

Procedural Posture

Tort Negligence (blasting/dynamite) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec; Judgment Affirmed

Legal Issues

  1. 1 Whether defendant liable for injuries caused by a defective system of blasting with dynamite
  2. 2 Whether the foreman's sanction of a dangerous method imputes liability to the employer
  3. 3 Whether plaintiff's contributory negligence should reduce recoverable damages

Ratio Decidendi

Concurrent factual findings that the employer provided an unsafe blasting system and that the foreman sanctioned the dangerous method established employer liability; plaintiff's partial negligence reduced recovery and damages were apportioned accordingly; appellate court will not overturn such findings of fact.

Court Disposition

Appeal dismissed; judgments of Superior Court and Court of King's Bench affirmed.

Orders

  • Appeal dismissed with costs
  • Defendant to pay the balance of damages assessed: $2,000, with costs