Foncière Compagnie d'Assurance de France v. Perras et al. and Daoust

Foncière Compagnie d'Assurance de France v. Perras et al. and Daoust

Appeal dismissed: under Quebec law a criminal conviction by a magistrate does not operate as res judicata in a civil action between private parties under art.1241 C.C.; the insured's conduct at trial was negligent but not criminally negligent under s.284 Criminal Code; the insurer could not rely on the magistrate's conviction to defeat the garnishment and recovery under the public liability policy; conviction records are inadmissible for that purpose in this type of civil action (and even if admissible would be only presumptive).

Citation
[1943] SCR 165
Parties
Appellant (garnishee): La Fonciere Compagnie d'Assurance de France; Respondents (seizing Plaintiffs): Dame Blanche Perras and Rene Monceau; Respondent (defendant/chauffeur): Octave Daoust
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 February 1943
Procedural Posture
Tort Negligence / Garnishment Against Insurer (public Liability Indemnity) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec (on Appeal From Superior Court)
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench (Quebec) affirming Superior Court maintained.
Legal Topics
Negligence, Garnishment (saisie Arrêt), Indemnity Insurance, Res Judicata (effect of Criminal Conviction in Civil Proceedings), Admissibility of Criminal Conviction Record in Civil Trial, Application of Public Policy (ex Turpi Causa)
Source Language
English
Torts Insurance Law Criminal Law Civil Procedure Evidence Public Policy Negligence Garnishment (saisie Arrêt) +4 more

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Parties

La Fonciere Compagnie d'Assurance de France

Appellant (garnishee)

Dame Blanche Perras and Rene Monceau

Respondents (seizing Plaintiffs)

Octave Daoust

Respondent (defendant/chauffeur)

Procedural Posture

Tort Negligence / Garnishment Against Insurer (public Liability Indemnity) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec (on Appeal From Superior Court)

Legal Issues

  1. 1 Whether a criminal court conviction operates as res judicata in subsequent civil proceedings under art.1241 C.C.
  2. 2 Whether insurer may deny coverage on public policy grounds because the driver was convicted of a criminal offence
  3. 3 Whether the certified record of conviction was admissible and sufficient evidence in the civil trial

Ratio Decidendi

Appeal dismissed: under Quebec law a criminal conviction by a magistrate does not operate as res judicata in a civil action between private parties under art.1241 C.C.; the insured's conduct at trial was negligent but not criminally negligent under s.284 Criminal Code; the insurer could not rely on the magistrate's conviction to defeat the garnishment and recovery under the public liability policy; conviction records are inadmissible for that purpose in this type of civil action (and even if admissible would be only presumptive).

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench (Quebec) affirming Superior Court maintained.

Orders

  • Appeal dismissed with costs
  • Garnishee (La Fonciere Compagnie d'Assurance de France) condemned to pay $5,667.55 with interest and costs (amount representing $5,000 damages plus taxed legal costs)