Brassard v. Autobus & Taxis Ltée.

Brassard v. Autobus & Taxis Ltée.

The evidence established that the truck driver crossed the median and struck the bus, causing the bus to lose control and hit the plaintiff's building; therefore the defendant bus company was not at fault. Even if the statutory presumption under s.53 applied, it was rebutted by credible eyewitness and photographic evidence, and the Parent v. Lapointe presumption did not apply once the cause was proved.

Citation
[1958] SCR 237
Parties
Appellant (plaintiff): Georges Brassard; Respondent (defendant): Autobus & Taxis Limitée
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 April 1958
Procedural Posture
Civil Appeal (tort Motor Vehicle Collision) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed; judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec, affirming dismissal of plaintiff's action, confirmed.
Legal Topics
Negligence, Presumption of Fault Under Statute, Damages to Property, Rebuttal of Statutory Presumption
Source Language
English
Tort Motor Vehicles Law Civil Procedure Negligence Presumption of Fault Under Statute Damages to Property Rebuttal of Statutory Presumption

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 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Georges Brassard

Appellant (plaintiff)

Autobus & Taxis Limitée

Respondent (defendant)

Procedural Posture

Civil Appeal (tort Motor Vehicle Collision) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the presumption of fault under s.53 of the Motor Vehicles Act applies
  2. 2 Whether the defendant bus company is liable for damage to plaintiff's building
  3. 3 Whether the presumption (if applicable) was rebutted by evidence

Ratio Decidendi

The evidence established that the truck driver crossed the median and struck the bus, causing the bus to lose control and hit the plaintiff's building; therefore the defendant bus company was not at fault. Even if the statutory presumption under s.53 applied, it was rebutted by credible eyewitness and photographic evidence, and the Parent v. Lapointe presumption did not apply once the cause was proved.

Court Disposition

Appeal dismissed; judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec, affirming dismissal of plaintiff's action, confirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec affirmed