Asbestos & Asbestic Co. v. Durand

Asbestos & Asbestic Co. v. Durand

Permitting an unusual and unnecessary accumulation of a highly dangerous explosive in dangerous proximity to employees is negligence that makes the employer liable for death from an explosion even though the precise immediate cause of the explosion cannot be proved; common employment is not a defence in Quebec.

Citation
(1900) 30 SCR 285
Parties
Appellant / Defendant: The Asbestos and Asbestic Company; Respondent / Plaintiff: Adeline Durand
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 April 1900
Procedural Posture
Appeal (tort/negligence) / Supreme Court of Canada Decision on Appeal From Superior Court for Lower Canada (review)
Outcome
Appeal dismissed; judgment for plaintiff affirmed
Legal Topics
Negligence, Employer Liability, Dangerous Substances, Causation (unknown Cause), Common Employment Doctrine, Contributory Negligence
Source Language
English
Torts Employment Law Occupational Safety Civil Liability Negligence Employer Liability Dangerous Substances Causation (unknown Cause) +2 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 25 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Asbestos and Asbestic Company

Appellant / Defendant

Adeline Durand

Respondent / Plaintiff

Procedural Posture

Appeal (tort/negligence) / Supreme Court of Canada Decision on Appeal From Superior Court for Lower Canada (review)

Legal Issues

  1. 1 Whether permitting an unnecessary quantity of dynamite in proximity to employees constitutes actionable negligence by the employer
  2. 2 Whether plaintiff proved that the employer's negligence was the causa causans of the explosion when the direct cause of explosion was unknown
  3. 3 Whether the doctrine of common employment bars recovery in Quebec

Ratio Decidendi

Permitting an unusual and unnecessary accumulation of a highly dangerous explosive in dangerous proximity to employees is negligence that makes the employer liable for death from an explosion even though the precise immediate cause of the explosion cannot be proved; common employment is not a defence in Quebec.

Court Disposition

Appeal dismissed; judgment for plaintiff affirmed

Orders

  • Judgment of Superior Court affirmed
  • Damages awarded: $1,000 to plaintiff personally