Littley v. Brooks and Canadian National Ry. Co.

Littley v. Brooks and Canadian National Ry. Co.

The Contributory Negligence Act applies to actions under the Fatal Accidents Act and, where contributory negligence is found, the Act requires the jury to find total damages and apportion fault so the defendant is liable only to the extent of its proportion of fault; because the jury’s damages award was excessive and the jury failed to determine who was driving and whether contributory negligence should be imputed to particular plaintiffs, a new trial limited to (1) the entire amount of damages suffered by each plaintiff and (2) to whom and how responsibility for the contributory negligence should be imputed is required (majority; Lamont J. dissenting).

Citation
[1932] SCR 462
Parties
Appellant / Plaintiff (widow): Laura Littley; Appellant / Plaintiff (son, Suing by Next Friend Laura Littley): Stanley Littley (infant); Respondent / Defendant (motorman): Mansford Brooks; Respondent / Defendant (railway Company): Canadian National Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 March 1932
Procedural Posture
Civil Tort — Wrongful Death Under Fatal Accidents Act (lord Campbell’s Act) With Contributory Negligence Issue / Appeal to Supreme Court of Canada From Appellate Division of Ontario (cross Appeal by Defendants); Order for New Trial Varied and Limited Issues Remitted to Trial Court
Outcome
Order for new trial affirmed in part and varied: new trial limited to specified issues (damages and imputation of contributory negligence); prior findings of negligence and apportionment as to degree of fault to stand; no costs in Supreme Court of Canada; Appellate Division costs unchanged.
Legal Topics
Contributory Negligence, Fatal Accidents Act (lord Campbell’s Act), Apportionment of Liability and Damages, Measure of Damages, New Trial and Insufficiency of Jury Findings
Source Language
English
Torts Civil Procedure Statutory Interpretation Contributory Negligence Fatal Accidents Act (lord Campbell’s Act) Apportionment of Liability and Damages Measure of Damages New Trial and Insufficiency of Jury Findings

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Parties

Laura Littley

Appellant / Plaintiff (widow)

Stanley Littley (infant)

Appellant / Plaintiff (son, Suing by Next Friend Laura Littley)

Mansford Brooks

Respondent / Defendant (motorman)

Canadian National Railway Company

Respondent / Defendant (railway Company)

Procedural Posture

Civil Tort — Wrongful Death Under Fatal Accidents Act (lord Campbell’s Act) With Contributory Negligence Issue / Appeal to Supreme Court of Canada From Appellate Division of Ontario (cross Appeal by Defendants); Order for New Trial Varied and Limited Issues Remitted to Trial Court

Legal Issues

  1. 1 Whether the Contributory Negligence Act, R.S.O. 1927 c.103, applies to actions brought under the Fatal Accidents Act, R.S.O. 1927 c.183
  2. 2 Whether contributory negligence of the deceased bars recovery by statutory dependants or only permits apportionment of damages
  3. 3 Whether the jury’s damages award was excessive and founded on a misunderstanding of the proper basis of assessment

Ratio Decidendi

The Contributory Negligence Act applies to actions under the Fatal Accidents Act and, where contributory negligence is found, the Act requires the jury to find total damages and apportion fault so the defendant is liable only to the extent of its proportion of fault; because the jury’s damages award was excessive and the jury failed to determine who was driving and whether contributory negligence should be imputed to particular plaintiffs, a new trial limited to (1) the entire amount of damages suffered by each plaintiff and (2) to whom and how responsibility for the contributory negligence should be imputed is required (majority; Lamont J. dissenting).

Court Disposition

Order for new trial affirmed in part and varied: new trial limited to specified issues (damages and imputation of contributory negligence); prior findings of negligence and apportionment as to degree of fault to stand; no costs in Supreme Court of Canada; Appellate Division costs unchanged.

Orders

  • No costs in this Court; order as to costs in Appellate Division to remain