Great North Western Telegraph Co. v. Tremblay

Great North Western Telegraph Co. v. Tremblay

The petition for authorization to sue under the Workmen's Compensation Act is a preliminary conciliation/procedural step and not a 'judicial demand' interrupting the one-year prescription under Civil Code art. 2224; concomitantly, isolated payments by the employer did not constitute recognition of legal obligation to interrupt prescription; therefore the action instituted after the statutory one-year period was prescribed and subject to dismissal.

Citation
(1920) 60 SCR 597
Parties
Defendant/appellant: Great North Western Telegraph Co.; Plaintiff/respondent: Edouard Tremblay
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1920
Procedural Posture
Appeal Under Workmen's Compensation Act (personal Injury) / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side)
Outcome
Appeal allowed with costs; judgment of the Court of King's Bench reversed; respondent's action held prescribed (dismissed).
Legal Topics
Workmen's Compensation Act, Interruption of Prescription, Authorization to Sue/conciliation Procedure, Judicial Demand (art. 2224 C.c.), Employer Liability, Statutory Interpretation
Source Language
English
Labour Law Civil Procedure Tort/personal Injury Statute of Limitations Workmen's Compensation Act Interruption of Prescription Authorization to Sue/conciliation Procedure Judicial Demand (art. 2224 C.c.) +2 more

Case Brief

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Parties

Great North Western Telegraph Co.

Defendant/appellant

Edouard Tremblay

Plaintiff/respondent

Procedural Posture

Appeal Under Workmen's Compensation Act (personal Injury) / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side)

Legal Issues

  1. 1 Whether a telegraph lineman is covered by the Quebec Workmen's Compensation Act (R.S.Q. art. 7321)
  2. 2 Whether the petition for authorization to sue under art. 7347 R.S.Q. forms part of the action or is a 'judicial demand' interrupting prescription under art. 2224 C.C.
  3. 3 Whether prior payments by the employer interrupted prescription by constituting a recognition of legal obligation

Ratio Decidendi

The petition for authorization to sue under the Workmen's Compensation Act is a preliminary conciliation/procedural step and not a 'judicial demand' interrupting the one-year prescription under Civil Code art. 2224; concomitantly, isolated payments by the employer did not constitute recognition of legal obligation to interrupt prescription; therefore the action instituted after the statutory one-year period was prescribed and subject to dismissal.

Court Disposition

Appeal allowed with costs; judgment of the Court of King's Bench reversed; respondent's action held prescribed (dismissed).

Orders

  • Appeal allowed with costs
  • Judgment of the Court of King's Bench reversed