The City of Quebec v. United Typewriter Co.

The City of Quebec v. United Typewriter Co.

16 Vict., c.233 and art.310 of the City of Quebec charter create a statutory liability for property damage caused by mobs which is not displaced by subsequent charter provisions; the six‑month prescription and thirty‑day notice provisions of art.561 do not apply to that statutory right (and cannot operate to...

Source-derived case information.

Citation
(1921) 62 SCR 241
Parties
Appellant / Defendant: City of Quebec; Respondent / Plaintiff: United Typewriter Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1921
Procedural Posture
Civil Appeal (municipal Law) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench (Q.R. 30 K.B. 281) affirmed.
Legal Topics
Riot Damages, Notice of Action, Statutory Construction, By Law and Charter Interpretation
Source Language
english
Municipal Law Tort Statutory Liability Prescription/limitation Riot Damages Notice of Action Statutory Construction By Law and Charter Interpretation

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Parties

City of Quebec

Appellant / Defendant

United Typewriter Co.

Respondent / Plaintiff

Procedural Posture

Civil Appeal (municipal Law) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether 16 Vict., c.233 (1853) was repealed or rendered inapplicable by subsequent municipal charter provisions (29 Vict., c.57)
  2. 2 Whether the six‑month prescription and thirty‑day notice provisions in art.561 of the City of Quebec charter (6 Geo. V, c.43, s.11) apply to statutory liability for riot damages under 16 Vict., c.233 and art.310 of the charter
  3. 3 Whether the city is liable for property damage caused by a mob without fault or negligence when statutory conditions are met

Ratio Decidendi

16 Vict., c.233 and art.310 of the City of Quebec charter create a statutory liability for property damage caused by mobs which is not displaced by subsequent charter provisions; the six‑month prescription and thirty‑day notice provisions of art.561 do not apply to that statutory right (and cannot operate to extinguish a right that only arises after six months), therefore the plaintiff's action was properly maintainable; appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench (Q.R. 30 K.B. 281) affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of King's Bench (Q.R. 30 K.B. 281) affirmed.