Ward v. Henry

Ward v. Henry

The majority held that the evidence did not establish fault by the tenant or the plumber nor suffice to sustain liability under article 1629 C.C.; accordingly the claim for damages could not be maintained and the appeal was dismissed.

Citation
(1920) 60 SCR 645
Parties
Appellant/plaintiff: Ward; Respondent/tenant: Henry; Respondent/employee/plumber: Dumaine
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 June 1920
Procedural Posture
Civil Appeal (landlord and Tenant Fire Liability) / Appeal to the Supreme Court of Canada; Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench restoring the trial judgment dismissing the plaintiff's action affirmed.
Legal Topics
Presumption of Fault Under Quebec Civil Code Art.1629, Liability for Accidental Fire, Employer/employee Liability, Proof and Rebuttal of Presumptions
Source Language
English
Landlord and Tenant Civil Liability Evidence Fire Damage Presumption of Fault Under Quebec Civil Code Art.1629 Liability for Accidental Fire Employer/employee Liability Proof and Rebuttal of Presumptions

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Parties

Ward

Appellant/plaintiff

Henry

Respondent/tenant

Dumaine

Respondent/employee/plumber

Procedural Posture

Civil Appeal (landlord and Tenant Fire Liability) / Appeal to the Supreme Court of Canada; Judgment on Appeal

Legal Issues

  1. 1 Whether the presumption of fault in article 1629 C.C. made the tenant liable for the fire damage
  2. 2 Whether the plumber's alleged use of a gasoline lamp constituted actionable negligence attracting liability for the plumber and tenant
  3. 3 Whether the evidence was sufficient to establish fault or to rebut the presumption

Ratio Decidendi

The majority held that the evidence did not establish fault by the tenant or the plumber nor suffice to sustain liability under article 1629 C.C.; accordingly the claim for damages could not be maintained and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench restoring the trial judgment dismissing the plaintiff's action affirmed.

Orders

  • Appeal dismissed with costs
  • Action dismissed (no damages awarded)