Compagnie de Transport Provincial v. Fortier

Compagnie de Transport Provincial v. Fortier

The assault occurred after the voyage and after the contractual obligations to passengers had ended, so it was not committed in the execution of the driver's duties under Article 1054 C.C.; furthermore the appellant's alternative plea did not amount to ratification of the employee's act; therefore the employer is not liable.

Citation
[1956] SCR 258
Parties
Appellant / Defendant: Compagnie de Transport Provincial; Respondent / Plaintiff: Clement Fortier; Defendant (driver / Employee): Coulombe
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 February 1956
Procedural Posture
Civil Tort (assault; Vicarious Liability) / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench, Appeal Side
Outcome
Appeal allowed; action dismissed.
Legal Topics
Vicarious Liability, Assault, Employer Liability, Ratification, Course of Employment (article 1054 C.c.)
Source Language
English
Torts Agency/employment Law Civil Liability Vicarious Liability Assault Employer Liability Ratification Course of Employment (article 1054 C.c.)

Case Brief

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Parties

Compagnie de Transport Provincial

Appellant / Defendant

Clement Fortier

Respondent / Plaintiff

Coulombe

Defendant (driver / Employee)

Procedural Posture

Civil Tort (assault; Vicarious Liability) / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench, Appeal Side

Legal Issues

  1. 1 Whether employer liable for assault committed by employee
  2. 2 Whether the assault was committed in the execution of the employee's duties (dans l'exécution des fonctions) under Article 1054 C.C.
  3. 3 Whether the employer's pleadings constituted ratification or approbation of the employee's act

Ratio Decidendi

The assault occurred after the voyage and after the contractual obligations to passengers had ended, so it was not committed in the execution of the driver's duties under Article 1054 C.C.; furthermore the appellant's alternative plea did not amount to ratification of the employee's act; therefore the employer is not liable.

Court Disposition

Appeal allowed; action dismissed.

Orders

  • Appeal allowed
  • Action dismissed with costs of all courts awarded to appellant