Ferrier v. Trépannier

Ferrier v. Trépannier

Defendants are personally liable for the death caused by their negligence while in possession and control of the building (their fiduciary status does not absolve personal tort liability); they are also properly liable as trustees for the benefit of George Davies Ferrier's children in respect of that building; they are not liable as executors for the whole estate and an action against executors alone cannot bind the corpus of the estate in these circumstances.

Citation
(1895) 24 SCR 86
Parties
Defendant/appellant: James Ferrier; Defendant/appellant: M. W. Ferrier; Plaintiff/respondent: Dame A. Trépannier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 January 1895
Procedural Posture
Tort Wrongful Death (negligence) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal allowed in part: appeal by defendants in their capacity as executors allowed and action dismissed as to them; judgment against defendants personally and against them as trustees for benefit of George Davies Ferrier's children affirmed for $4,000 plus interest; appeals costs allocated as ordered.
Legal Topics
Negligence, Liability of Trustees and Executors, Amendment of Writ and Joinder, Res Judicata, Damages
Source Language
English
Torts Trusts and Estates Civil Procedure Negligence Liability of Trustees and Executors Amendment of Writ and Joinder Res Judicata Damages

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Parties

James Ferrier

Defendant/appellant

M. W. Ferrier

Defendant/appellant

Dame A. Trépannier

Plaintiff/respondent

Procedural Posture

Tort Wrongful Death (negligence) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether defendants were personally liable for death caused by falling window due to lack of repair
  2. 2 Whether the corpus of the deceased's estate (executors) was liable for the plaintiff's claim
  3. 3 Whether defendants could be added as trustees by amendment without a new writ

Ratio Decidendi

Defendants are personally liable for the death caused by their negligence while in possession and control of the building (their fiduciary status does not absolve personal tort liability); they are also properly liable as trustees for the benefit of George Davies Ferrier's children in respect of that building; they are not liable as executors for the whole estate and an action against executors alone cannot bind the corpus of the estate in these circumstances.

Court Disposition

Appeal allowed in part: appeal by defendants in their capacity as executors allowed and action dismissed as to them; judgment against defendants personally and against them as trustees for benefit of George Davies Ferrier's children affirmed for $4,000 plus interest; appeals costs allocated as ordered.

Orders

  • Defendants personally and as trustees for the benefit of the children of George Davies Ferrier to pay the plaintiff the sum of $4,000 with interest from May 27, 1893, and costs in the Superior Court distraits.
  • As to the issue between plaintiff and defendants in their capacity as executors, the parties are put hors de cour and the action dismissed as to them (executors).