La Cité de Québec v. Baribeau

La Cité de Québec v. Baribeau

The claimant's post-accident mental incapacity and treatment amounted to force majeure or an analogous reason under art.535 that validly excused the failure to give the statutory written notice within thirty days; therefore the late written notice sufficed and the action could proceed; informal knowledge by municipal officers cannot replace the statutory written notice.

Citation
[1934] SCR 622
Parties
Appellant/defendant (municipal Corporation): La Cité de Québec; Respondent/plaintiff: Alphonse Baribeau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 June 1934
Procedural Posture
Civil Appeal (municipal Negligence Personal Injury) / Appeal to Supreme Court of Canada; Judgment on Appeal Affirmed
Outcome
Appeal dismissed with costs
Legal Topics
Notice of Action, Condition Precedent Vs Prescription, Force Majeure (irresistible Force), Mental Incapacity as Excuse, Knowledge of Municipality Officers Does Not Replace Formal Notice
Source Language
English
Municipal Law Tort Civil Procedure Statutory Interpretation Notice of Action Condition Precedent Vs Prescription Force Majeure (irresistible Force) Mental Incapacity as Excuse +1 more

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Parties

La Cité de Québec

Appellant/defendant (municipal Corporation)

Alphonse Baribeau

Respondent/plaintiff

Procedural Posture

Civil Appeal (municipal Negligence Personal Injury) / Appeal to Supreme Court of Canada; Judgment on Appeal Affirmed

Legal Issues

  1. 1 Whether the statutory written notice under art.535 was a condition precedent to the right of action and whether the notice received was timely
  2. 2 Whether the plaintiff's mental condition and hospitalisation constituted force majeure or an analogous reason excusing failure to give timely notice
  3. 3 Whether knowledge of the accident by municipal officers can substitute for formal statutory notice

Ratio Decidendi

The claimant's post-accident mental incapacity and treatment amounted to force majeure or an analogous reason under art.535 that validly excused the failure to give the statutory written notice within thirty days; therefore the late written notice sufficed and the action could proceed; informal knowledge by municipal officers cannot replace the statutory written notice.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs