Backer v. Beaudet

Backer v. Beaudet

Transfer of legal care to a third party relieves the owner of the presumption of liability under art.1055, but an owner who personally commits fault by permitting unsafe conditions that foreseeably cause an animal's escape remains liable; here appellant's personal fault upheld liability.

Citation
[1973] SCR 628
Parties
Appellant (defendant): Theodore J. Backer; Respondent (plaintiff): Michèle Beaudet
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 May 1972
Procedural Posture
Appeal Civil (motor Vehicle Fatality) / Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side), Quebec; Judgment on Appeal Affirmed
Outcome
Appeal dismissed with costs.
Legal Topics
Owner Liability for Animals, Custody and Legal Care of Animals, Civil Code Article 1055, Personal Fault and Creation of Dangerous Situation, Escape of Animals, Damages for Fatal Accident
Source Language
English
Torts Motor Vehicles Animal Liability Negligence Civil Liability Owner Liability for Animals Custody and Legal Care of Animals Civil Code Article 1055 +3 more

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Parties

Theodore J. Backer

Appellant (defendant)

Michèle Beaudet

Respondent (plaintiff)

Procedural Posture

Appeal Civil (motor Vehicle Fatality) / Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side), Quebec; Judgment on Appeal Affirmed

Legal Issues

  1. 1 Whether legal care of the animal passed to a third party (Jesty) such that owner liability under art.1055 ceases
  2. 2 Whether appellant bore a presumption of liability under Civil Code art.1055 and who bore the burden of proof
  3. 3 Whether appellant committed a personal fault by consenting to unsafe premises and installations that caused the escape

Ratio Decidendi

Transfer of legal care to a third party relieves the owner of the presumption of liability under art.1055, but an owner who personally commits fault by permitting unsafe conditions that foreseeably cause an animal's escape remains liable; here appellant's personal fault upheld liability.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment affirmed ordering appellant to pay respondent $50,425 in damages.
  • Appeal dismissed with costs to respondent.