Black et al. v. The Queen

Black et al. v. The Queen

The majority held the debt-claim under the bond is governed by Quebec law; the bond is not an unenforceable obligation with a penal clause under Arts. 1131/1135 C.C.; and, crucially, the Crown is not bound by the laches or negligence of its subordinate officers, so the appellants were not released and remain liable up to the penal amounts in the bond.

Citation
(1899) 29 SCR 693
Parties
Appellant Surety: Henderson Black; Appellant (deceased) Surety Represented by Heirs: John Black (deceased); Respondent Plaintiff: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1899
Procedural Posture
Appeal From Exchequer Court of Canada / Appeal Final Judgment (dismissed)
Outcome
Appeal dismissed with costs.
Legal Topics
Suretyship, Penal Clause, Crown Liability for Officers' Laches, Lex Loci Contractus, Subrogation
Source Language
English
Guarantee and Suretyship Conflict of Laws Public Law Suretyship Penal Clause Crown Liability for Officers' Laches Lex Loci Contractus Subrogation

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 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Henderson Black

Appellant Surety

John Black (deceased)

Appellant (deceased) Surety Represented by Heirs

Her Majesty The Queen

Respondent Plaintiff

Procedural Posture

Appeal From Exchequer Court of Canada / Appeal Final Judgment (dismissed)

Legal Issues

  1. 1 Whether the bond is governed by the law of the Province of Quebec (lex loci contractus)
  2. 2 Whether the bond constitutes an obligation with a penal clause under Arts. 1131 and 1135 C.C.
  3. 3 Whether the Crown is liable for laches or negligence of its officers which prevented notice to sureties

Ratio Decidendi

The majority held the debt-claim under the bond is governed by Quebec law; the bond is not an unenforceable obligation with a penal clause under Arts. 1131/1135 C.C.; and, crucially, the Crown is not bound by the laches or negligence of its subordinate officers, so the appellants were not released and remain liable up to the penal amounts in the bond.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.