The King v. Hochelaga Shipping & Towing Co. Ltd.

The King v. Hochelaga Shipping & Towing Co. Ltd.

The Crown was negligent in leaving a submerged, unmarked portion of a public jetty that constituted a hidden navigation hazard and is liable under s.19(c) of the Exchequer Court Act; the Crown failed to discharge the onus of proving a novus actus interveniens in the master's subsequent conduct, so liability for damages should extend to all losses directly and naturally attributable to the collision rather than be confined to damages ascertainable immediately after the impact; the matter is remitted for assessment of such damages.

Citation
[1940] SCR 153
Parties
Appellant (crown): His Majesty the King; Respondent (suppliant): Hochelaga Shipping & Towing Company Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1939
Procedural Posture
Petition of Right for Negligence Against the Crown (exchequer Court Act S.19(c)); Maritime Tort / Appeal and Cross Appeal to the Supreme Court of Canada From the Exchequer Court of Canada; Final Judgment on Appeal and Cross Appeal
Outcome
Appeal by the Crown dismissed; cross-appeal by the suppliant allowed in part; declaration varied to award all damages directly and naturally attributable to the collision; matter remitted for assessment; costs awarded to suppliant on cross-appeal and costs of the appeal.
Legal Topics
Negligence, Duty of the Crown for Public Works, Novus Actus Interveniens, Causation and Remoteness of Damage, Assessment of Damages
Source Language
English
Torts Maritime Law Public Administrative Law Civil Procedure Negligence Duty of the Crown for Public Works Novus Actus Interveniens Causation and Remoteness of Damage +1 more

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Parties

His Majesty the King

Appellant (crown)

Hochelaga Shipping & Towing Company Ltd.

Respondent (suppliant)

Procedural Posture

Petition of Right for Negligence Against the Crown (exchequer Court Act S.19(c)); Maritime Tort / Appeal and Cross Appeal to the Supreme Court of Canada From the Exchequer Court of Canada; Final Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Crown was negligent under s.19(c) of the Exchequer Court Act in leaving a submerged, unmarked portion of a government jetty constituting a navigation hazard
  2. 2 Whether the master's subsequent failure to discover extent of damage amounted to a novus actus interveniens relieving the Crown of liability for total loss
  3. 3 Whether damages should be limited to those ascertainable immediately after the collision or include all damages directly and naturally attributable to the collision

Ratio Decidendi

The Crown was negligent in leaving a submerged, unmarked portion of a public jetty that constituted a hidden navigation hazard and is liable under s.19(c) of the Exchequer Court Act; the Crown failed to discharge the onus of proving a novus actus interveniens in the master's subsequent conduct, so liability for damages should extend to all losses directly and naturally attributable to the collision rather than be confined to damages ascertainable immediately after the impact; the matter is remitted for assessment of such damages.

Court Disposition

Appeal by the Crown dismissed; cross-appeal by the suppliant allowed in part; declaration varied to award all damages directly and naturally attributable to the collision; matter remitted for assessment; costs awarded to suppliant on cross-appeal and costs of the appeal.

Orders

  • Appeal dismissed
  • Cross-appeal allowed in part and formal judgment varied to remove limitation to damages ascertainable immediately after collision