Canadian National Railway Co. v. Vincent

Canadian National Railway Co. v. Vincent

The trial judge properly instructed the jury on the legal standard (reasonable person under Civil Code art.1053); the jury’s evaluative finding that the railway failed to take adequate precautions in a dangerous, densely populated location was within its competence and not unreasonable as a matter of law; compliance with statutory/regulatory obligations does not bar civil liability; therefore the jury verdict and the judgment below stand and the appeal is dismissed.

Citation
[1979] 1 SCR 364
Parties
Defendant/appellant: Canadian National Railway Co.; Plaintiff/respondent: France Vincent
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 October 1978
Procedural Posture
Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for Quebec (final)
Outcome
Appeal dismissed; judgment of Court of Appeal for Quebec affirmed; Martland and Spence JJ. dissenting
Legal Topics
Negligence, Contributory Negligence, Quasi Delict, Standard of Care (reasonable Person), Jury Verdict Review, Foreseeability, Damages
Source Language
English
Torts Railway Regulation Civil Procedure Negligence Contributory Negligence Quasi Delict Standard of Care (reasonable Person) Jury Verdict Review +2 more

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Parties

Canadian National Railway Co.

Defendant/appellant

France Vincent

Plaintiff/respondent

Procedural Posture

Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for Quebec (final)

Legal Issues

  1. 1 Whether the jury verdict was unreasonable as a matter of law
  2. 2 Whether compliance with statutes/regulations precludes civil liability
  3. 3 Whether the judge or the jury determines if conduct meets the reasonable person standard

Ratio Decidendi

The trial judge properly instructed the jury on the legal standard (reasonable person under Civil Code art.1053); the jury’s evaluative finding that the railway failed to take adequate precautions in a dangerous, densely populated location was within its competence and not unreasonable as a matter of law; compliance with statutory/regulatory obligations does not bar civil liability; therefore the jury verdict and the judgment below stand and the appeal is dismissed.

Court Disposition

Appeal dismissed; judgment of Court of Appeal for Quebec affirmed; Martland and Spence JJ. dissenting

Orders

  • Appeal dismissed with costs
  • Judgment below upheld: Canadian National Railway Co. liable for 55% of damages