Quebec Ry. L. & P. Co. v. Canadian Pacific Ry. Co.

Quebec Ry. L. & P. Co. v. Canadian Pacific Ry. Co.

Compensation paid under the Quebec Workmen's Compensation Act to the signalman is an expenditure within the meaning of the Board of Railway Commissioners' order that the respondent must employ and pay signalmen at the joint expense; therefore the appellant must reimburse one half of that compensation.

Citation
[1926] SCR 288
Parties
Appellant (defendant): Quebec Railway Light & Power Company; Respondent (plaintiff): Canadian Pacific Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 February 1926
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From Court of King’s Bench, Quebec (appeal Side)
Outcome
Appeal dismissed with costs.
Legal Topics
Workmen's Compensation, Joint Liability for Operational Expenses, Railway Crossing Interlocking Obligations, Statutory Employment Obligations Vs Tort
Source Language
English
Transportation Labour and Employment Law Administrative Law Workmen's Compensation Joint Liability for Operational Expenses Railway Crossing Interlocking Obligations Statutory Employment Obligations Vs Tort

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Parties

Quebec Railway Light & Power Company

Appellant (defendant)

Canadian Pacific Railway Company

Respondent (plaintiff)

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From Court of King’s Bench, Quebec (appeal Side)

Legal Issues

  1. 1 Whether compensation paid under the Workmen's Compensation Act is an expenditure within the Board of Railway Commissioners' order requiring joint payment of signalmen expenses
  2. 2 Whether the appellant is liable to reimburse one half of compensation and related payments made by the respondent
  3. 3 Whether the workman's right to compensation arises out of tort or out of a statutory contract of employment

Ratio Decidendi

Compensation paid under the Quebec Workmen's Compensation Act to the signalman is an expenditure within the meaning of the Board of Railway Commissioners' order that the respondent must employ and pay signalmen at the joint expense; therefore the appellant must reimburse one half of that compensation.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Appellant ordered to reimburse one half of the compensation paid to the injured signalman.