The Queen v. Poudrier et Boulet Ltée

The Queen v. Poudrier et Boulet Ltée

The appeal was dismissed because the Crown failed to prove, as a question of fact, that the defendant committed negligence under Civil Code art.1053; the trial judge's finding that adequate precautions had been taken and that no fault was established was supported by the evidence and was not to be disturbed on appeal.

Citation
[1963] SCR 194
Parties
Appellant (plaintiff): Her Majesty The Queen; Respondent (defendant): Poudrier et Boulet Ltée
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 January 1963
Procedural Posture
Civil Tort — Negligence (crown Recovery) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada (on Facts From Quebec)
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Employer Liability, Civil Code Article 1053, Recovery/subrogation by Crown, Standard of Care
Source Language
English
Tort Employment Law Military Law Workers' Compensation Negligence Employer Liability Civil Code Article 1053 Recovery/subrogation by Crown +1 more

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Parties

Her Majesty The Queen

Appellant (plaintiff)

Poudrier et Boulet Ltée

Respondent (defendant)

Procedural Posture

Civil Tort — Negligence (crown Recovery) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada (on Facts From Quebec)

Legal Issues

  1. 1 Whether the defendant was negligent under Civil Code article 1053
  2. 2 Whether the Crown could recover medical and pay allowances paid for the injured serviceman from the defendant employer
  3. 3 Whether the trial judge's factual findings of adequate precautions should be disturbed on appeal

Ratio Decidendi

The appeal was dismissed because the Crown failed to prove, as a question of fact, that the defendant committed negligence under Civil Code art.1053; the trial judge's finding that adequate precautions had been taken and that no fault was established was supported by the evidence and was not to be disturbed on appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs