The King v. Demers

The King v. Demers

The Superior Court could properly allow amendment to substitute 'His Majesty the King' for 'Minister of Roads' and, on the facts found by the trial judge, the Crown was liable for negligence in failing to adequately light the scraper, so the appeal is dismissed and the award of $5,000 to the respondent is upheld.

Source-derived case information.

Citation
[1935] SCR 485
Parties
Appellant / Defendant: His Majesty The King; Respondent / Plaintiff: Dame Orize Demers
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 June 1935
Procedural Posture
Petition of Right / Appeal to Supreme Court of Canada From Court of King’s Bench, Appeal Side, Quebec (judgment on Facts and on Amendment of Petition)
Outcome
Appeal dismissed with costs; judgment of Court of King’s Bench affirming Superior Court award for respondent upheld.
Legal Topics
Petition of Right, Crown Liability, Amendment of Pleadings, Negligence, Causation, Contributory Negligence
Source Language
english
Public Law Tort Civil Procedure Petition of Right Crown Liability Amendment of Pleadings Negligence Causation +1 more

Source-derived case record

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Parties

His Majesty The King

Appellant / Defendant

Dame Orize Demers

Respondent / Plaintiff

Procedural Posture

Petition of Right / Appeal to Supreme Court of Canada From Court of King’s Bench, Appeal Side, Quebec (judgment on Facts and on Amendment of Petition)

  1. 1 Whether the trial judge had jurisdiction to amend the petition of right to substitute 'His Majesty the King' for 'Minister of Roads' without a new fiat
  2. 2 Whether the Crown was liable for negligence of its servants in failing to adequately light a scraper towed on a provincial highway
  3. 3 Whether the deceased's speed and failure to keep right constituted contributory or sole cause of the accident

Ratio Decidendi

The Superior Court could properly allow amendment to substitute 'His Majesty the King' for 'Minister of Roads' and, on the facts found by the trial judge, the Crown was liable for negligence in failing to adequately light the scraper, so the appeal is dismissed and the award of $5,000 to the respondent is upheld.

Court Disposition

Appeal dismissed with costs; judgment of Court of King’s Bench affirming Superior Court award for respondent upheld.

Orders

  • Appeal dismissed with costs
  • Judgment awarding $5,000 to the respondent (Dame Orize Demers) affirmed