Quebec Railway, Light & Power Co. v. Fortin

Quebec Railway, Light & Power Co. v. Fortin

The employer bore the onus of proving that the deceased had the duty to inspect and repair the interior wiring; defendants did not satisfy that onus and therefore remained liable for the death; appeal dismissed.

Citation
(1908) 40 SCR 181
Parties
Appellant / Defendant: Quebec Railway, Light & Power Company; Respondent / Plaintiff: Mathilda Fortin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1908
Procedural Posture
Tort Negligence / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench, appeal side, affirming Superior Court judgment in favour of plaintiff affirmed.
Legal Topics
Duty of Care, Onus of Proof, Master and Servant, Insulation of Electrical Wires, Employer Liability for Employee Death
Source Language
English
Torts Negligence Employment Law Occupational Safety Duty of Care Onus of Proof Master and Servant Insulation of Electrical Wires +1 more

Case Brief

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Parties

Quebec Railway, Light & Power Company

Appellant / Defendant

Mathilda Fortin

Respondent / Plaintiff

Procedural Posture

Tort Negligence / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the deceased line‑foreman had a duty to inspect and maintain interior power‑house wiring
  2. 2 Whether the employer or the employee bore the onus of proof regarding the scope of the deceased's duties
  3. 3 Whether the death was caused by the employee's negligence or by employer's failure to maintain safe equipment

Ratio Decidendi

The employer bore the onus of proving that the deceased had the duty to inspect and repair the interior wiring; defendants did not satisfy that onus and therefore remained liable for the death; appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench, appeal side, affirming Superior Court judgment in favour of plaintiff affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment for plaintiff maintained with costs