The Toronto Railway Company v. Hutton

The Toronto Railway Company v. Hutton

The election to claim compensation under s.9 of the Ontario Workmen's Compensation Act does not extinguish the claimant’s common-law cause of action nor vest beneficial ownership of that cause of action in the Compensation Board; the Board is subrogated and may maintain an action in the claimant’s name, and accordingly the plaintiff's action was not barred. The appellate court's direction that judgment funds be paid to the Board adequately protects the defendant.

Citation
(1919) 59 SCR 413
Parties
Appellant/defendant: The Toronto Railway Company; Respondent/plaintiff: Alexander Hutton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1919
Procedural Posture
Civil Appeal (personal Injury/tort; Workmen's Compensation Issue) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Workmen's Compensation Act, Subrogation, Election to Claim Compensation, Right of Action, Stay of Proceedings, Ratification/authorization by Board
Source Language
English
Labour Law Tort Law Administrative Law Workmen's Compensation Act Subrogation Election to Claim Compensation Right of Action Stay of Proceedings +1 more

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Toronto Railway Company

Appellant/defendant

Alexander Hutton

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury/tort; Workmen's Compensation Issue) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether election to claim compensation under s.9 of the Ontario Workmen's Compensation Act barred the injured workman’s common-law action against a third party
  2. 2 Whether the Compensation Board is subrogated in such a way as to vest beneficial ownership of the cause of action in the Board or merely to control enforcement in the claimant’s name
  3. 3 Whether proceedings should be stayed where the claimant sues without Board authorization and whether the Board must ratify or authorize the action

Ratio Decidendi

The election to claim compensation under s.9 of the Ontario Workmen's Compensation Act does not extinguish the claimant’s common-law cause of action nor vest beneficial ownership of that cause of action in the Compensation Board; the Board is subrogated and may maintain an action in the claimant’s name, and accordingly the plaintiff's action was not barred. The appellate court's direction that judgment funds be paid to the Board adequately protects the defendant.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Amount of the judgment to be paid to the Workmen's Compensation Board to be dealt with pursuant to the Workmen's Compensation Act.