Jobin v. City of Thetford Mines

Jobin v. City of Thetford Mines

The attorney's letter sent one day after the flooding met the statutory requirement as to damages to the mill and its reasonably appurtenant items; damages for structures not reasonably appurtenant (revêtement wall, cellar, garden) were not within the notice and could not be recovered; the award should be increased by $275 for replacement of the motor, yielding a total recovery of $964, with appellant awarded costs of the appeal to this Court.

Citation
[1925] SCR 686
Parties
Plaintiff/appellant: Napoleon Jobin; Defendant/respondent: City of Thetford Mines
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 June 1925
Procedural Posture
Municipal Law Action in Damages Against a Municipal Corporation / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal allowed with costs; judgment varied to increase plaintiff's recovery to $964; prior Court of King's Bench costs allocation left undisturbed.
Legal Topics
Statutory Notice Requirement, Notice Sufficiency, Damages for Flooding, Appurtenances, Liability of Municipal Corporation
Source Language
English
Municipal Law Tort Civil Procedure Statutory Notice Requirement Notice Sufficiency Damages for Flooding Appurtenances Liability of Municipal Corporation

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Parties

Napoleon Jobin

Plaintiff/appellant

City of Thetford Mines

Defendant/respondent

Procedural Posture

Municipal Law Action in Damages Against a Municipal Corporation / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether a written notice sent one day after flooding satisfied the statutory requirement of containing particulars of the claim
  2. 2 Whether damages claimed for structures not clearly appurtenant to the mill (revêtement wall, cellar, garden) were within the scope of the notice
  3. 3 Measure and timing of recoverable damages where full extent becomes apparent after the cause of action arose

Ratio Decidendi

The attorney's letter sent one day after the flooding met the statutory requirement as to damages to the mill and its reasonably appurtenant items; damages for structures not reasonably appurtenant (revêtement wall, cellar, garden) were not within the notice and could not be recovered; the award should be increased by $275 for replacement of the motor, yielding a total recovery of $964, with appellant awarded costs of the appeal to this Court.

Court Disposition

Appeal allowed with costs; judgment varied to increase plaintiff's recovery to $964; prior Court of King's Bench costs allocation left undisturbed.

Orders

  • Increase plaintiff's judgment to $964
  • Plaintiff to have costs of the appeal to the Supreme Court of Canada