Canadian Northern Railway Co. v. Pszenicnzy

Canadian Northern Railway Co. v. Pszenicnzy

Majority: s.306(1) of the Railway Act is intra vires and its one-year limitation applies to actions against Dominion railway companies for injuries sustained by reason of the construction or operation of the railway (including unloading rails); s.306(4) does not operate to allow application of a longer provincial limitation in this context; the plaintiff's action was time-barred and must be dismissed.

Citation
(1916) 54 SCR 36
Parties
Defendant/appellant: Canadian Northern Railway Co.; Plaintiff/respondent: Michael Pszenicnzy
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 October 1916
Procedural Posture
Civil Appeal (tort/negligence) / Final Judgment on Appeal to the Supreme Court of Canada
Outcome
Appeal allowed; judgment of the Court of Appeal for Manitoba reversed; action dismissed as time-barred under s.306(1) Railway Act
Legal Topics
Limitation of Actions, Railway Legislation, Employers' Liability Act, Paramountcy (federal Vs Provincial), Operation Vs Construction, Jurisdiction of Parliament
Source Language
English
Transportation Constitutional Law Torts Labour Law Statutory Interpretation Conflict of Laws Limitation of Actions Railway Legislation +4 more

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Parties

Canadian Northern Railway Co.

Defendant/appellant

Michael Pszenicnzy

Plaintiff/respondent

Procedural Posture

Civil Appeal (tort/negligence) / Final Judgment on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether s.306(1) of the Railway Act imposes a one-year limitation on actions against Dominion railway companies for injuries 'by reason of the construction or operation of the railway'
  2. 2 Whether s.306(4) preserves and allows application of a longer provincial limitation (Manitoba Employers' Liability Act) to such actions
  3. 3 Whether unloading rails for renewal/maintenance constitutes 'operation of the railway' within s.306(1)

Ratio Decidendi

Majority: s.306(1) of the Railway Act is intra vires and its one-year limitation applies to actions against Dominion railway companies for injuries sustained by reason of the construction or operation of the railway (including unloading rails); s.306(4) does not operate to allow application of a longer provincial limitation in this context; the plaintiff's action was time-barred and must be dismissed.

Court Disposition

Appeal allowed; judgment of the Court of Appeal for Manitoba reversed; action dismissed as time-barred under s.306(1) Railway Act

Orders

  • Appeal allowed with costs
  • Action dismissed for being time-barred under s.306(1) of the Railway Act