The Queen v. Thompson

The Queen v. Thompson

Article 1279(a) entitles a married woman married under the regime of community to claim, as her own, not only compensation for bodily injury but also the consequential expenses resulting from the delict; however, awards for specific items must be supported by sufficient evidence, and the trial award was reduced because key items lacked probative proof.

Citation
[1954] SCR 663
Parties
Appellant (defendant): Her Majesty The Queen; Respondent (petitioner): Dame Pearl Mathilda Kember Thompson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1954
Procedural Posture
Petition of Right (damages) Tort / Appeal to Supreme Court of Canada From Exchequer Court (deciding Only Damages)
Outcome
Appeal allowed in part; Exchequer Court award varied
Legal Topics
Damages, Married Woman's Separate Property, Article 1279(a) Civil Code, Medical and Hospital Expenses, Loss of Earnings, Quantum of Damages
Source Language
English
Torts Property (marital) Civil Procedure Damages Married Woman's Separate Property Article 1279(a) Civil Code Medical and Hospital Expenses Loss of Earnings +1 more

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Parties

Her Majesty The Queen

Appellant (defendant)

Dame Pearl Mathilda Kember Thompson

Respondent (petitioner)

Procedural Posture

Petition of Right (damages) Tort / Appeal to Supreme Court of Canada From Exchequer Court (deciding Only Damages)

Legal Issues

  1. 1 Whether a married woman married under the regime of community can claim, as her own property under Art.1279(a) Civil Code, not only bodily injury damages but also consequential expenses (hospitalization, medical costs, domestic help, future care)
  2. 2 Whether the trial judge's award of $6,183.99 was supported by admissible evidence as to the various claimed items and proper quantum

Ratio Decidendi

Article 1279(a) entitles a married woman married under the regime of community to claim, as her own, not only compensation for bodily injury but also the consequential expenses resulting from the delict; however, awards for specific items must be supported by sufficient evidence, and the trial award was reduced because key items lacked probative proof.

Court Disposition

Appeal allowed in part; Exchequer Court award varied

Orders

  • Original award of $6,183.99 reduced to $3,867.65
  • Respondent awarded damages in the amount of $3,867.65