Quebec Workmen’s Compensation Commission v. Lachance

Quebec Workmen’s Compensation Commission v. Lachance

The Commission lacked power to extinguish civil liability by internal resolution; the widow's right under Civil Code art.1056 is personal and not part of the deceased's estate and therefore cannot be barred by any purported waiver or contract between employer and employee; the widow's prior personal income, her share of the estate, and statutory pensions (whether under Workmen's Compensation Act or Pensions Act) are not to be deducted in assessing damages; accordingly the trial and appellate awards stand.

Citation
[1973] SCR 428
Parties
Defendant/appellant: Quebec Workmen’s Compensation Commission; Plaintiff/respondent: Marie-Ange Lachance; Co Defendant/driver: Clément Dussault
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1971
Procedural Posture
Appeal / Final Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side
Outcome
Appeal dismissed with costs
Legal Topics
Wrongful Death, Right of Action Under Civil Code Art.1056, Effect of Employer Resolutions, Waiver of Recourse, Assessment of Damages, Deduction of Statutory Pensions and Estate Assets
Source Language
English
Torts Motor Vehicle Law Workmen's Compensation Law Pensions Law Civil Liability Wrongful Death Right of Action Under Civil Code Art.1056 Effect of Employer Resolutions +3 more

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Parties

Quebec Workmen’s Compensation Commission

Defendant/appellant

Marie-Ange Lachance

Plaintiff/respondent

Clément Dussault

Co Defendant/driver

Procedural Posture

Appeal / Final Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side

Legal Issues

  1. 1 Whether the Commission could, by internal resolutions, place itself and employees within the Workmen's Compensation Act to extinguish civil liability
  2. 2 Whether the widow had a remedy under the general law independent of statutory compensation
  3. 3 Whether the deceased employee waived recourse against the Commission by conduct

Ratio Decidendi

The Commission lacked power to extinguish civil liability by internal resolution; the widow's right under Civil Code art.1056 is personal and not part of the deceased's estate and therefore cannot be barred by any purported waiver or contract between employer and employee; the widow's prior personal income, her share of the estate, and statutory pensions (whether under Workmen's Compensation Act or Pensions Act) are not to be deducted in assessing damages; accordingly the trial and appellate awards stand.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of Court of Queen's Bench, as affirmed by the Court of Appeal, upheld