Quebec Ry. L. & P. Co. v. Canadian Pacific Ry. Co.

Quebec Ry. L. & P. Co. v. Canadian Pacific Ry. Co.

Leave to appeal was granted because the case presented a substantial question of public importance arising from the interpretation of a Board of Railway Commissioners' order under the Railway Act — specifically whether the phrasing requiring payment 'at the joint expense of' both companies made the appellant liable for one half of an accessory expense (a Workmen's Compensation award) — a question affecting future rights and public interest.

Citation
[1926] SCR 1
Parties
Appellant / Defendant: Quebec Railway Light and Power Company; Respondent / Plaintiff: Canadian Pacific Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 November 1925
Procedural Posture
Appeal; Motion for Special Leave / Motion for Special Leave to Appeal to the Supreme Court of Canada (judgment Reserved and Then Granted)
Outcome
Motion for special leave to appeal granted by the Supreme Court of Canada; costs in the cause.
Legal Topics
Interpretation of Board of Railway Commissioners Orders, Liability for Workers' Compensation Awards, Allocation of Joint Expenses, Public Interest in Administrative Orders, Leave to Appeal
Source Language
English
Administrative Law Railway Law Labour Law Statutory Interpretation Civil Procedure Appeal Interpretation of Board of Railway Commissioners Orders Liability for Workers' Compensation Awards +3 more

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Parties

Quebec Railway Light and Power Company

Appellant / Defendant

Canadian Pacific Railway Company

Respondent / Plaintiff

Procedural Posture

Appeal; Motion for Special Leave / Motion for Special Leave to Appeal to the Supreme Court of Canada (judgment Reserved and Then Granted)

Legal Issues

  1. 1 Whether the Board of Railway Commissioners' order requiring the Canadian Pacific Railway to employ and pay signalmen "at the joint expense of" both companies made the appellant liable for one half of a Workmen's Compensation award against the respondent
  2. 2 Whether the obligation to share joint expenses includes accessory or consequential expenses arising from employment (such as a compensation award)
  3. 3 Whether the interpretation of the Board's order under the Railway Act raises issues of public interest sufficient to justify leave to appeal

Ratio Decidendi

Leave to appeal was granted because the case presented a substantial question of public importance arising from the interpretation of a Board of Railway Commissioners' order under the Railway Act — specifically whether the phrasing requiring payment 'at the joint expense of' both companies made the appellant liable for one half of an accessory expense (a Workmen's Compensation award) — a question affecting future rights and public interest.

Court Disposition

Motion for special leave to appeal granted by the Supreme Court of Canada; costs in the cause.

Orders

  • Special leave to appeal granted
  • Costs in the cause