Hôpital Notre-Dame v. Patry

Hôpital Notre-Dame v. Patry

Art. 2262(2) of the Civil Code applies to actions for bodily injuries irrespective of whether liability is characterized as contractual or delictual absent explicit legislative wording to the contrary; therefore the plaintiff's action was prescribed by one year when instituted and must be dismissed.

Citation
[1975] 2 SCR 388
Parties
Appellant/defendant: Hôpital Notre-Dame; Respondent/plaintiff: Armand Patry
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1974
Procedural Posture
Civil Action Personal Injury (medical Malpractice/x Ray Burn) / Appeal to Supreme Court of Canada (on Prescription)
Outcome
Appeal allowed; judgments of the Court of Appeal and Superior Court set aside; action dismissed; no costs awarded.
Legal Topics
Prescription Under Civil Code Art. 2262(2), Bodily Injuries, Distinction Between Contractual and Delictual Liability, Limitation Periods
Source Language
English
Civil Law Prescription (statute of Limitations) Medical Malpractice Tort/delict Contract Law Prescription Under Civil Code Art. 2262(2) Bodily Injuries Distinction Between Contractual and Delictual Liability +1 more

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Parties

Hôpital Notre-Dame

Appellant/defendant

Armand Patry

Respondent/plaintiff

Procedural Posture

Civil Action Personal Injury (medical Malpractice/x Ray Burn) / Appeal to Supreme Court of Canada (on Prescription)

Legal Issues

  1. 1 Whether Civil Code art. 2262(2) one-year prescription applies to actions for bodily injuries arising from medical malpractice
  2. 2 Whether contractual liability is excluded from art. 2262(2) by virtue of a contractual/delictual distinction
  3. 3 Whether the plaintiff's action was prescribed when instituted

Ratio Decidendi

Art. 2262(2) of the Civil Code applies to actions for bodily injuries irrespective of whether liability is characterized as contractual or delictual absent explicit legislative wording to the contrary; therefore the plaintiff's action was prescribed by one year when instituted and must be dismissed.

Court Disposition

Appeal allowed; judgments of the Court of Appeal and Superior Court set aside; action dismissed; no costs awarded.

Orders

  • Appeal allowed
  • Judgments of the Court of Appeal and Superior Court set aside