Roy v. Litalien

Roy v. Litalien

The appeal was dismissed because the appellant failed to demonstrate any error of law or to persuade the Court to overturn the concurrent factual findings that the co-worker's wrongful act fell within the Workmen's Compensation Act exemption; accordingly the civil action was barred and the lower courts' decisions were affirmed.

Citation
[1979] 1 SCR 34
Parties
Appellant / Plaintiff: Jean-Paul Roy; Respondent / Defendant: Jean Litalien
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 October 1978
Procedural Posture
Appeal; Workmen's Compensation / Tort Damages / Appeal to Supreme Court of Canada From Quebec Court of Appeal; Final Judgment on Appeal Delivered
Outcome
Appeal dismissed with costs.
Legal Topics
Remedy Against a Co Worker, Statutory Exemption for Wrongful Acts 'in the Performance of His Duties', Appellate Review of Concurrent Findings of Fact
Source Language
English
Labour Law Workmen's Compensation Tort Law Remedy Against a Co Worker Statutory Exemption for Wrongful Acts 'in the Performance of His Duties' Appellate Review of Concurrent Findings of Fact

Case Brief

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Parties

Jean-Paul Roy

Appellant / Plaintiff

Jean Litalien

Respondent / Defendant

Procedural Posture

Appeal; Workmen's Compensation / Tort Damages / Appeal to Supreme Court of Canada From Quebec Court of Appeal; Final Judgment on Appeal Delivered

Legal Issues

  1. 1 Whether a co-worker's wrongful act is exempted from civil liability by the Workmen's Compensation Act where committed 'in the performance of his duties'
  2. 2 Whether the factual findings by the courts below that the act fell within the statutory exemption were open to appellate interference
  3. 3 Whether there was any error of law in the courts below justifying reversal

Ratio Decidendi

The appeal was dismissed because the appellant failed to demonstrate any error of law or to persuade the Court to overturn the concurrent factual findings that the co-worker's wrongful act fell within the Workmen's Compensation Act exemption; accordingly the civil action was barred and the lower courts' decisions were affirmed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Appeal for Quebec affirmed.