Gagnon v. Deroy

Gagnon v. Deroy

Majority held that because the owner made availability of the car conditional on the regular chauffeur driving, the chauffeur was acting in the performance of his employment (driving and looking after the car) at the time of the accident; therefore the owner was vicariously liable under art. 1054 C.C.

Citation
[1958] SCR 708
Parties
Appellant (defendant): Edouard Gagnon; Respondent (plaintiff): Armand Deroy; Co Defendant: Georges Doyon; Driver (co Defendant): Alphonse Gagnon
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1958
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From Court of Queen's Bench, Province of Quebec
Outcome
Appeal dismissed; action maintained against appellant
Legal Topics
Vicarious Liability, Negligence, Servant and Master, Civil Code Art. 1054
Source Language
English
Torts Motor Vehicles Employment Law Civil Liability Vicarious Liability Negligence Servant and Master Civil Code Art. 1054

Case Brief

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Parties

Edouard Gagnon

Appellant (defendant)

Armand Deroy

Respondent (plaintiff)

Georges Doyon

Co Defendant

Alphonse Gagnon

Driver (co Defendant)

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From Court of Queen's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the vehicle owner is vicariously liable for injuries caused by his chauffeur while the chauffeur was driving on a personal excursion
  2. 2 Whether the chauffeur was acting in the performance of the work for which he was employed at the time of the accident
  3. 3 Application and scope of Civil Code art. 1054 regarding master and servant liability

Ratio Decidendi

Majority held that because the owner made availability of the car conditional on the regular chauffeur driving, the chauffeur was acting in the performance of his employment (driving and looking after the car) at the time of the accident; therefore the owner was vicariously liable under art. 1054 C.C.

Court Disposition

Appeal dismissed; action maintained against appellant

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec affirmed