La Ville de Jonquières v. Brassard

La Ville de Jonquières v. Brassard

Because the deceased was predominantly employed in ordinary street‑cleaning work which is not an enterprise enumerated in s.7321 and the municipality is only subject to the Act with respect to specific municipal enterprises that would render a contractor liable, the Workmen's Compensation Act did not apply to the fatal accident and the respondent was not entitled to compensation.

Citation
[1928] SCR 165
Parties
Appellant (defendant): La Ville de Jonquières; Respondent (plaintiff): Dame Georgiana Brassard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 December 1927
Procedural Posture
Appeal Workmen's Compensation / Wrongful Death / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; judgment of the Court of King's Bench reversed; action dismissed; costs awarded to the appellant in all courts.
Legal Topics
Workmen's Compensation Act Interpretation, Scope of Employment, Occupational Risk, Liability of Municipal Enterprises
Source Language
English
Labour Law Municipal Liability Statutory Interpretation Workmen's Compensation Act Interpretation Scope of Employment Occupational Risk Liability of Municipal Enterprises

Case Brief

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Parties

La Ville de Jonquières

Appellant (defendant)

Dame Georgiana Brassard

Respondent (plaintiff)

Procedural Posture

Appeal Workmen's Compensation / Wrongful Death / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether an employee who ordinarily performs street-cleaning work is covered by the Workmen's Compensation Act when injured while performing that street work
  2. 2 Whether occasional employment in municipal departments that use powered machinery brings a worker within the Act for injuries sustained while performing ordinary non‑machinery street work
  3. 3 Whether a municipal corporation becomes subject to the Act for all its employees when it operates some municipal enterprises enumerated in s.7321

Ratio Decidendi

Because the deceased was predominantly employed in ordinary street‑cleaning work which is not an enterprise enumerated in s.7321 and the municipality is only subject to the Act with respect to specific municipal enterprises that would render a contractor liable, the Workmen's Compensation Act did not apply to the fatal accident and the respondent was not entitled to compensation.

Court Disposition

Appeal allowed; judgment of the Court of King's Bench reversed; action dismissed; costs awarded to the appellant in all courts.

Orders

  • Appeal allowed with costs
  • Judgment of Court of King's Bench reversed and action remitted/dismissed