Veilleux v. Abitibi Paper Co. Ltd. et al.

Veilleux v. Abitibi Paper Co. Ltd. et al.

Where a victim's claim against a third party is reduced by the victim's contributory fault, the compensation paid by the Commission that equals or exceeds that reduced claim places the Commission in subrogation with priority; the dependant cannot claim additional sums under s.8 when the statutory compensation already satisfies the dependant's reduced entitlement, and the owner of dangerous equipment remains liable for failing to discharge the duty to protect even if the victim was partly at fault.

Citation
[1978] 2 SCR 852
Parties
Appellant/plaintiff: Dame Placide Veilleux; Defendant/appellant: Abitibi Paper Company Limited; Respondent/plaintiff: Workmen’s Compensation Commission of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 May 1978
Procedural Posture
Appeal / On Appeal From the Court of Appeal for Quebec to the Supreme Court of Canada
Outcome
Appeals dismissed with costs
Legal Topics
Negligence, Workmen's Compensation, Subrogation, Apportionment of Liability, Duty of Owner of Dangerous Equipment
Source Language
English
Labour Law Torts Civil Law (quebec) Negligence Workmen's Compensation Subrogation Apportionment of Liability Duty of Owner of Dangerous Equipment

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Parties

Dame Placide Veilleux

Appellant/plaintiff

Abitibi Paper Company Limited

Defendant/appellant

Workmen’s Compensation Commission of Quebec

Respondent/plaintiff

Procedural Posture

Appeal / On Appeal From the Court of Appeal for Quebec to the Supreme Court of Canada

Legal Issues

  1. 1 Whether Abitibi owed a duty to protect persons working with its equipment despite their imprudence
  2. 2 Proper apportionment of liability where the victim was partly at fault
  3. 3 Effect of statutory subrogation on the injured party's right to claim additional common‑law damages under s.8 of the Workmen's Compensation Act

Ratio Decidendi

Where a victim's claim against a third party is reduced by the victim's contributory fault, the compensation paid by the Commission that equals or exceeds that reduced claim places the Commission in subrogation with priority; the dependant cannot claim additional sums under s.8 when the statutory compensation already satisfies the dependant's reduced entitlement, and the owner of dangerous equipment remains liable for failing to discharge the duty to protect even if the victim was partly at fault.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals dismissed with costs
  • The Workmen's Compensation Commission entitled to recover from Abitibi the sum awarded by the Court of Appeal (CAD 30,325)