Mack et al. v. Air Canada

Mack et al. v. Air Canada

Where victims died almost instantaneously any alleged pain, suffering or apprehension of death could only have been experienced for an insignificant period and therefore did not vest in the estate; loss of enjoyment of life and vacation result from death and cannot be recovered by executors in these circumstances, accordingly the appeals are dismissed.

Citation
[1976] 1 SCR 144
Parties
Appellants / Plaintiffs: Arthur V. Mack; Dorothy Dyce ès qual., executors of the estates of Reginald Whittingham and his wife; Respondent / Defendant: Air Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 November 1974
Procedural Posture
Torts Aviation (wrongful Death) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeals dismissed
Legal Topics
Wrongful Death, Damages, Executors' Claims, Carriage by Air Act, Warsaw Convention, Loss of Enjoyment of Life, Pain and Suffering
Source Language
English
Torts Aviation Law Statutory Interpretation International Conventions Wrongful Death Damages Executors' Claims Carriage by Air Act +3 more

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Parties

Arthur V. Mack; Dorothy Dyce ès qual., executors of the estates of Reginald Whittingham and his wife

Appellants / Plaintiffs

Air Canada

Respondent / Defendant

Procedural Posture

Torts Aviation (wrongful Death) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether executors may recover for decedent's pain, suffering and loss of enjoyment of life where death was almost instantaneous
  2. 2 Whether the Carriage by Air Act and the Warsaw Convention limit remedies in respect of the death of a passenger to family members, excluding estate claims
  3. 3 Whether precedent (Driver v. Coca-Cola; Pratt v. Beaman) precludes recovery by heirs/executors for non-pecuniary losses not experienced during decedent's lifetime

Ratio Decidendi

Where victims died almost instantaneously any alleged pain, suffering or apprehension of death could only have been experienced for an insignificant period and therefore did not vest in the estate; loss of enjoyment of life and vacation result from death and cannot be recovered by executors in these circumstances, accordingly the appeals are dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with costs to be taxed on the same basis as if there had been a single appeal, save in respect of disbursements