Montreal Tramways Co. v. Léveillé

Montreal Tramways Co. v. Léveillé

Majority held that under Quebec civil law the fiction that a conceived child is deemed born for its benefit applies generally, so a child born viable after prenatal injury may sue for damages; further, the trial evidence (medical testimony plus uncontradicted facts about the mother’s fall, subsequent symptoms,...

Source-derived case information.

Citation
[1933] SCR 456
Parties
Defendant/appellant: Montreal Tramways Company; Plaintiff/respondent: Paul Léveillé (as tutor to child Jeannine)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 May 1933
Procedural Posture
Tort (negligence) / Appeal to Supreme Court of Canada From Court of King’s Bench, Province of Quebec
Outcome
Appeal dismissed; judgment of trial court affirmed.
Legal Topics
Pre Natal Injury, Causation and Presumptions, Jury Sufficiency of Evidence, Right of Unborn Child to Sue, Damages, Jury Instructions
Source Language
english
Torts Civil Law Medical Causation Pre Natal Injury Causation and Presumptions Jury Sufficiency of Evidence Right of Unborn Child to Sue Damages +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Montreal Tramways Company

Defendant/appellant

Paul Léveillé (as tutor to child Jeannine)

Plaintiff/respondent

Procedural Posture

Tort (negligence) / Appeal to Supreme Court of Canada From Court of King’s Bench, Province of Quebec

Legal Issues

  1. 1 Whether an unborn child who is later born viable can maintain an action for injuries suffered in utero as a result of another’s wrongful act
  2. 2 Whether the evidence was sufficient for a jury to reasonably infer that the mother’s accident caused the child’s club feet
  3. 3 Whether the trial judge’s charge on presumptions and inference was legally adequate

Ratio Decidendi

Majority held that under Quebec civil law the fiction that a conceived child is deemed born for its benefit applies generally, so a child born viable after prenatal injury may sue for damages; further, the trial evidence (medical testimony plus uncontradicted facts about the mother’s fall, subsequent symptoms, leakage and observations at birth) was sufficient to permit a reasonable inference of causation by a jury, and the trial judge’s directions on presumptions and inference were adequate; therefore the jury verdict and judgment were to be affirmed.

Court Disposition

Appeal dismissed; judgment of trial court affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment for respondent affirmed in amount of $5,500