Poirier v. The King

Poirier v. The King

The Exchequer Court's judgment was affirmed: appellant entitled to recover price for hay delivered and accepted; appellant's claim for damages for alleged conversion was dismissed because the law (as applied under the Exchequer Court Act in this case) did not make the Crown liable for torts of its officials; the Crown's counterclaim for deductions failed for lack of evidence.

Citation
(1912) 46 SCR 638
Parties
Appellant/suppliant: Poirier; Respondent/crown: The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 February 1912
Procedural Posture
Contract Appeal Concerning Sale of Goods and Alleged Conversion by Crown Officials / Appeal From Exchequer Court of Canada to Supreme Court of Canada; Judgment Reserved and Ultimately Affirmed by an Equally Divided Court
Outcome
Appeal dismissed; judgment of the Exchequer Court of Canada affirmed by an equally divided Supreme Court
Legal Topics
Sale of Goods, Rejection and Acceptance of Goods, Conversion, Damages, Counterclaim, Evidence, Crown Liability
Source Language
English
Contract Tort Administrative Law Property Sale of Goods Rejection and Acceptance of Goods Conversion Damages +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Poirier

Appellant/suppliant

The King

Respondent/crown

Procedural Posture

Contract Appeal Concerning Sale of Goods and Alleged Conversion by Crown Officials / Appeal From Exchequer Court of Canada to Supreme Court of Canada; Judgment Reserved and Ultimately Affirmed by an Equally Divided Court

Legal Issues

  1. 1 Whether appellant was entitled to payment for hay delivered and accepted under the contract
  2. 2 Whether sale of stored hay by department amounted to conversion giving rise to damages against the Crown
  3. 3 Whether the Exchequer Court Act makes the Crown liable for torts committed by its officials

Ratio Decidendi

The Exchequer Court's judgment was affirmed: appellant entitled to recover price for hay delivered and accepted; appellant's claim for damages for alleged conversion was dismissed because the law (as applied under the Exchequer Court Act in this case) did not make the Crown liable for torts of its officials; the Crown's counterclaim for deductions failed for lack of evidence.

Court Disposition

Appeal dismissed; judgment of the Exchequer Court of Canada affirmed by an equally divided Supreme Court

Orders

  • Judgment awarded to suppliant for hay delivered and accepted
  • Claim for damages for conversion dismissed