Ching v. The Canadian Pacific Railway Co.

Ching v. The Canadian Pacific Railway Co.

The appeal is allowed: s.24(6) of the Alberta Workmen's Compensation Act does not extinguish the plaintiff's right of action because the Dominion Crown had not submitted to the provincial Act under s.2(h); the Dominion Employees Compensation Act establishes a separate compensation scheme and the provincial Board's actions under the Dominion Act do not operate to deprive the plaintiff of his common-law right to sue the negligent third-party employer.

Citation
[1943] SCR 451
Parties
Plaintiff Appellant: Henry Ching; Defendant Respondent: The Canadian Pacific Railway Company; Intervenor: Attorney-General of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1943
Procedural Posture
Appeal (personal Injury Tort/workmen's Compensation) / Final Appeal to Supreme Court of Canada
Outcome
Appeal allowed; judgment of Alberta Appellate Division reversed.
Legal Topics
Workmen's Compensation, Crown Liability, Government Employees Compensation Act, Provincial Vs Dominion Jurisdiction, Right of Action Against Third Party, Estoppel, Statutory Interpretation
Source Language
English
Labour Law Tort Administrative Law Constitutional/federal Jurisdiction Workmen's Compensation Crown Liability Government Employees Compensation Act Provincial Vs Dominion Jurisdiction +3 more

Case Brief

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Parties

Henry Ching

Plaintiff Appellant

The Canadian Pacific Railway Company

Defendant Respondent

Attorney-General of Canada

Intervenor

Procedural Posture

Appeal (personal Injury Tort/workmen's Compensation) / Final Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether s.24(6) of the Alberta Workmen's Compensation Act extinguished the right of a Dominion Government employee to sue a negligent third-party employer
  2. 2 Whether the Dominion Government Employees Compensation Act operates as a submission by the Crown to the Provincial Act
  3. 3 Whether the provincial Board's actions or findings estopped the plaintiff from suing the third-party employer

Ratio Decidendi

The appeal is allowed: s.24(6) of the Alberta Workmen's Compensation Act does not extinguish the plaintiff's right of action because the Dominion Crown had not submitted to the provincial Act under s.2(h); the Dominion Employees Compensation Act establishes a separate compensation scheme and the provincial Board's actions under the Dominion Act do not operate to deprive the plaintiff of his common-law right to sue the negligent third-party employer.

Court Disposition

Appeal allowed; judgment of Alberta Appellate Division reversed.

Orders

  • Appeal allowed
  • Action reinstated and case remitted for assessment of damages