Nichols Chemical Co. of Canada v. Lefebvre

Nichols Chemical Co. of Canada v. Lefebvre

In Quebec law, where plaintiff and defendant are both shown to be at fault for an injury (faute commune), the proper remedy is to apportion damages according to the respective degrees of blame; the concurrent factual findings that the foreman was negligent and the deceased contributed to the accident justified the apportionment and the dismissal of the appeal.

Citation
(1909) 42 SCR 402
Parties
Appellant/defendant: Nichols Chemical Company of Canada; Respondent/plaintiff: Amelia Lefebvre
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 November 1909
Procedural Posture
Tort Wrongful Death (negligence) / Appeal to Supreme Court of Canada From Superior Court (sitting in Review)
Outcome
Appeal dismissed with costs; judgment of the Superior Court affirmed.
Legal Topics
Contributory Negligence, Apportionment of Damages, Faute Commune
Source Language
English
Torts Employment Law Civil Procedure Contributory Negligence Apportionment of Damages Faute Commune

Case Brief

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Parties

Nichols Chemical Company of Canada

Appellant/defendant

Amelia Lefebvre

Respondent/plaintiff

Procedural Posture

Tort Wrongful Death (negligence) / Appeal to Supreme Court of Canada From Superior Court (sitting in Review)

Legal Issues

  1. 1 Whether the employer was negligent in allowing a dangerous loose rock to remain in the workplace
  2. 2 Whether the deceased/employee was contributorily negligent by failing to follow instructions to inspect the roof
  3. 3 Whether, given common fault, damages should be divided equally or apportioned according to the degree of blame

Ratio Decidendi

In Quebec law, where plaintiff and defendant are both shown to be at fault for an injury (faute commune), the proper remedy is to apportion damages according to the respective degrees of blame; the concurrent factual findings that the foreman was negligent and the deceased contributed to the accident justified the apportionment and the dismissal of the appeal.

Court Disposition

Appeal dismissed with costs; judgment of the Superior Court affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment appealed from affirmed