Geoffroy et al. v. Anglo Canadian Pulp & Paper Mills Ltd.

Geoffroy et al. v. Anglo Canadian Pulp & Paper Mills Ltd.

The employer was responsible for the inexcusable fault because employees activated the separator while the deceased was working inside without precautions; under s.6 the court may increase the statutory award for inexcusable employer fault but must do so within the scheme of the Act (focusing on dependent children's needs and wage-based limits), warranting an increase to $10,000 less the $3,000 already paid, yielding a $7,000 judgment apportioned half to the widow and half for the children.

Citation
[1933] SCR 548
Parties
Appellant (tutor/plaintiff): Ladislas Geoffroy; Appellant (co Plaintiff/widow): Dame Lucienne Boulais; Respondent (defendant): Anglo-Canadian Pulp & Paper Mills, Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 June 1933
Procedural Posture
Civil Appeal (workmen's Compensation/fatal Accident) / Appeal to the Supreme Court of Canada (final Hearing)
Outcome
Appeal allowed; judgment for appellants against defendant
Legal Topics
Workmen's Compensation Act, Inexcusable Fault, Employer Liability, Assessment of Increased Statutory Compensation, Apportionment Between Widow and Children
Source Language
English
Labour Law Tort Statutory Compensation Workmen's Compensation Act Inexcusable Fault Employer Liability Assessment of Increased Statutory Compensation Apportionment Between Widow and Children

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Parties

Ladislas Geoffroy

Appellant (tutor/plaintiff)

Dame Lucienne Boulais

Appellant (co Plaintiff/widow)

Anglo-Canadian Pulp & Paper Mills, Ltd.

Respondent (defendant)

Procedural Posture

Civil Appeal (workmen's Compensation/fatal Accident) / Appeal to the Supreme Court of Canada (final Hearing)

Legal Issues

  1. 1 Whether the death resulted from the employer's inexcusable fault within the meaning of s.6 of the Workmen's Compensation Act
  2. 2 Proper measure and limits of increased compensation under s.6 given the statutory scheme
  3. 3 Appropriate apportionment of any increased award between widow and children

Ratio Decidendi

The employer was responsible for the inexcusable fault because employees activated the separator while the deceased was working inside without precautions; under s.6 the court may increase the statutory award for inexcusable employer fault but must do so within the scheme of the Act (focusing on dependent children's needs and wage-based limits), warranting an increase to $10,000 less the $3,000 already paid, yielding a $7,000 judgment apportioned half to the widow and half for the children.

Court Disposition

Appeal allowed; judgment for appellants against defendant

Orders

  • Judgment against defendant for $7,000 in addition to the $3,000 already paid
  • $7,000 to be apportioned one-half to the tutor for the benefit of the infant children in equal shares and one-half to the deceased's widow