Driver et al. v. Coca-Cola Limited

Driver et al. v. Coca-Cola Limited

Only the father and mother had a statutory claim under Civil Code art.1056 limited to damages they personally suffered from their daughter's death; the heirs cannot recover damages for the victim's loss of life or pain and suffering unless the victim had an ante-mortem actionable right that formed part of her...

Source-derived case information.

Citation
[1961] SCR 201
Parties
Plaintiffs Appellants: Edward George Driver et al.; Defendant Respondent: Coca-Cola Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 December 1960
Procedural Posture
Delict/quasi Delict (fatal Accident) / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench; Final Judgment
Outcome
Appeal dismissed (majority); Cartwright J. dissenting in part
Legal Topics
Fatal Accident Damages, Transmissibility of Actions, Patrimony, Wrongful Death, Civil Code Interpretation
Source Language
english
Torts Succession Law Quebec Civil Law Fatal Accident Damages Transmissibility of Actions Patrimony Wrongful Death Civil Code Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Edward George Driver et al.

Plaintiffs Appellants

Coca-Cola Limited

Defendant Respondent

Procedural Posture

Delict/quasi Delict (fatal Accident) / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench; Final Judgment

  1. 1 Whether parents may recover under Civil Code art.1056 for death of child
  2. 2 Whether heirs can claim victim's pain and suffering or shortening of life via transmission under Civil Code art.607
  3. 3 Whether claims for loss of life form part of the victim's patrimoine and are transmissible

Ratio Decidendi

Only the father and mother had a statutory claim under Civil Code art.1056 limited to damages they personally suffered from their daughter's death; the heirs cannot recover damages for the victim's loss of life or pain and suffering unless the victim had an ante-mortem actionable right that formed part of her patrimoine; because the child died virtually instantly and it was not established that she suffered or acquired such a right before death, the heirs' claim failed; the Court therefore dismissed the heirs' claim and upheld the reduced parental awards.

Court Disposition

Appeal dismissed (majority); Cartwright J. dissenting in part

Orders

  • Appeal dismissed with costs
  • Award under Civil Code art.1056 affirmed as reduced: $1,000 to father and $1,000 to mother plus funeral expenses