City of Montreal v. Salaison Maisonneuve Ltée

City of Montreal v. Salaison Maisonneuve Ltée

The Court held the City liable: the backing up of river water into the municipal sewer caused foreseeable risk and the City failed to prove it was unable by reasonable means to prevent the damage; accordingly the City is responsible either under Article 1054 (thing under care) or, at minimum, under Article 1053 for a fault of omission since it neglected reasonable precautions.

Citation
[1954] SCR 117
Parties
Appellant (defendant): City of Montreal; Respondent (plaintiff): Salaison Maisonneuve Ltée
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 April 1954
Procedural Posture
Civil Appeal (municipal Law) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed
Legal Topics
Sewer Liability, Negligence, Articles 1053 and 1054 Civil Code, Force Majeure, Exculpatory Clause
Source Language
English
Municipal Law Tort Civil Liability Property Damage Sewer Liability Negligence Articles 1053 and 1054 Civil Code Force Majeure +1 more

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Parties

City of Montreal

Appellant (defendant)

Salaison Maisonneuve Ltée

Respondent (plaintiff)

Procedural Posture

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

Legal Issues

  1. 1 Whether Article 1054 Civil Code applies where river waters backed up into municipal sewers causing flooding
  2. 2 Whether the City discharged the onus of proving it was unable by reasonable means to prevent the damage
  3. 3 Alternatively whether the City is liable under Article 1053 for a fault of omission

Ratio Decidendi

The Court held the City liable: the backing up of river water into the municipal sewer caused foreseeable risk and the City failed to prove it was unable by reasonable means to prevent the damage; accordingly the City is responsible either under Article 1054 (thing under care) or, at minimum, under Article 1053 for a fault of omission since it neglected reasonable precautions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • City of Montreal held liable to Salaison Maisonneuve Ltée for damages caused by sewer backup