Montreal Rolling Mills Co. v. Corcoran

Montreal Rolling Mills Co. v. Corcoran

Plaintiff failed to prove by direct evidence or by weighty, precise and consistent presumptions that the employer's fault caused the employee's death; therefore the claim for civil damages cannot be maintained; additionally the Quebec Factories Act is a police statute that does not, by its language, alter or create civil liability against the employer.

Citation
(1896) 26 SCR 595
Parties
Defendant/appellant: The Montreal Rolling Mills Company; Plaintiff/respondent: Mary Ann Corcoran
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1896
Procedural Posture
Civil Wrongful Death (master and Servant, Negligence) / On Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada
Outcome
Appeal allowed; action dismissed with costs.
Legal Topics
Employer Liability, Factories Act, Onus of Proof, Presumptions, Causation, Police Regulations Vs Civil Liability
Source Language
English
Labour Law Tort Negligence Statutory Interpretation Civil Liability Employer Liability Factories Act Onus of Proof +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Montreal Rolling Mills Company

Defendant/appellant

Mary Ann Corcoran

Plaintiff/respondent

Procedural Posture

Civil Wrongful Death (master and Servant, Negligence) / On Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada

Legal Issues

  1. 1 Whether plaintiff proved causal link between employer's alleged fault and employee's death
  2. 2 Whether circumstantial evidence and presumptions were sufficient to establish employer negligence
  3. 3 Whether breach of the Quebec Factories Act gives rise to civil liability in favour of the employee or heirs

Ratio Decidendi

Plaintiff failed to prove by direct evidence or by weighty, precise and consistent presumptions that the employer's fault caused the employee's death; therefore the claim for civil damages cannot be maintained; additionally the Quebec Factories Act is a police statute that does not, by its language, alter or create civil liability against the employer.

Court Disposition

Appeal allowed; action dismissed with costs.

Orders

  • Appeal allowed with costs
  • Action dismissed with costs