Montreal v. Vaillancourt

Montreal v. Vaillancourt

The Post Office Act/Magann rule does not apply because the post office was not the City's agent; Saturday is not a holiday under the Interpretation Act so no extension applies, but the notice period in art.1088 must be measured from the date the claimant discovered the cause of death, not the date of the accident, and on the pleaded facts the notice received February 12 satisfied art.1088; therefore the appeal is dismissed.

Citation
[1977] 2 SCR 849
Parties
Appellant/defendant: City of Montreal; Respondent/plaintiff: Donalda Vaillancourt
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1976
Procedural Posture
Municipal Law / On Appeal to Supreme Court of Canada From Court of Appeal for Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Notice of Claim, Limitation Periods, Discovery Rule, Agency of Post Office, Interpretation of Holidays
Source Language
English
Municipal Law Civil Procedure Tort/delict Statutory Interpretation Notice of Claim Limitation Periods Discovery Rule Agency of Post Office +1 more

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Parties

City of Montreal

Appellant/defendant

Donalda Vaillancourt

Respondent/plaintiff

Procedural Posture

Municipal Law / On Appeal to Supreme Court of Canada From Court of Appeal for Quebec

Legal Issues

  1. 1 Whether mailing by registered post constitutes receipt under Post Office Act and Magann v. Auger
  2. 2 Whether a time limit expiring on Saturday is extended to the next juridical day
  3. 3 Whether the notice period in art.1088 runs from date of accident or date of discovery

Ratio Decidendi

The Post Office Act/Magann rule does not apply because the post office was not the City's agent; Saturday is not a holiday under the Interpretation Act so no extension applies, but the notice period in art.1088 must be measured from the date the claimant discovered the cause of death, not the date of the accident, and on the pleaded facts the notice received February 12 satisfied art.1088; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs