Caron v. Forgues

Caron v. Forgues

The proprietor of the abutting land is liable for injuries caused by a dangerous icy sidewalk under the city charter and applicable by-laws; an intervenor's formal admission that care and maintenance of the sidewalk were the defendant's responsibility is binding and renders the intervenor liable for negligent performance of the admitted obligation, thereby allowing application of the Civil Code and recovery of damages.

Citation
[1944] SCR 302
Parties
Appellant (defendant in Sub Warranty and Intervening Party): Louis Edgar Caron; Respondent (plaintiff): Alice Forgues; Defendant and Plaintiff in Warranty: Alexandre Nadeau; Defendant in Warranty and Plaintiff in Sub Warranty: J. B. Savard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1944
Procedural Posture
Tort (personal Injury) / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec) on Appeal From Superior Court Judgment
Outcome
Appeal dismissed; judgment of the Court of King's Bench (appeal side) affirmed
Legal Topics
Sidewalk Maintenance, Liability of Abutting Landowner, Admission in Intervention, Snow and Ice Removal Obligations, Application of Civil Code Articles 1052 1054
Source Language
English
Torts Municipal Law Contract (warranty/sub Warranty) Civil Code Interpretation Sidewalk Maintenance Liability of Abutting Landowner Admission in Intervention Snow and Ice Removal Obligations +1 more

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Parties

Louis Edgar Caron

Appellant (defendant in Sub Warranty and Intervening Party)

Alice Forgues

Respondent (plaintiff)

Alexandre Nadeau

Defendant and Plaintiff in Warranty

J. B. Savard

Defendant in Warranty and Plaintiff in Sub Warranty

Procedural Posture

Tort (personal Injury) / Appeal to the Supreme Court of Canada From Court of King's Bench (quebec) on Appeal From Superior Court Judgment

Legal Issues

  1. 1 Whether the abutting proprietor is liable for injuries caused by an icy sidewalk under the city charter and by-laws
  2. 2 Whether the intervenor's admission that care and maintenance of the sidewalk were the defendant's responsibility establishes liability for the intervenor
  3. 3 Whether Civil Code provisions (articles 1052-1054) apply to impose liability in these circumstances

Ratio Decidendi

The proprietor of the abutting land is liable for injuries caused by a dangerous icy sidewalk under the city charter and applicable by-laws; an intervenor's formal admission that care and maintenance of the sidewalk were the defendant's responsibility is binding and renders the intervenor liable for negligent performance of the admitted obligation, thereby allowing application of the Civil Code and recovery of damages.

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench (appeal side) affirmed

Orders

  • Appeal dismissed with costs
  • Judgment for respondent in the amount of 1882 CAD