Canadian National Ry. Co. v. Saint John Motor Line Ltd.

Canadian National Ry. Co. v. Saint John Motor Line Ltd.

Because the company, in respect of the Intercolonial Railway, stood in the position of the Crown and Crown liability is governed by provincial law as in force on 30 October 1887, the New Brunswick Contributory Negligence Act (post‑1925) did not apply; the trial judge should have applied common‑law causation principles to determine whether plaintiff or defendant negligence was the effective cause; the misdirection requires a new trial (subject to appellant's election).

Citation
[1930] SCR 482
Parties
Plaintiff/respondent: Saint John Motor Line Limited; Defendant/appellant: Canadian National Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 May 1930
Procedural Posture
Civil Tort Negligence (railway Operation and Crown Liability) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick (appeal Division); New Trial Ordered Subject to Appellant's Election Within 30 Days
Outcome
Appeal allowed in part; new trial ordered if appellant elects within 30 days on specified terms; if appellant does not elect within 30 days the appeal is dismissed with costs.
Legal Topics
Contributory Negligence, Crown Liability, Railway Liability, Exchequer Court Jurisdiction, Orders in Council, Raising New Points on Appeal
Source Language
English
Torts Public Law Statutory Interpretation Procedure Contributory Negligence Crown Liability Railway Liability Exchequer Court Jurisdiction +2 more

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Parties

Saint John Motor Line Limited

Plaintiff/respondent

Canadian National Railway Company

Defendant/appellant

Procedural Posture

Civil Tort Negligence (railway Operation and Crown Liability) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick (appeal Division); New Trial Ordered Subject to Appellant's Election Within 30 Days

Legal Issues

  1. 1 Whether the provincial Contributory Negligence Act applied to an action against the Canadian National Railway Company in respect of the Intercolonial Railway
  2. 2 Whether the Canadian National Railway Company, by Orders in Council and statute, stood in the position of the Crown for liability purposes and therefore was entitled to Crown defences
  3. 3 Whether the trial judge misdirected the jury by applying statutory apportionment rather than common‑law causation principles

Ratio Decidendi

Because the company, in respect of the Intercolonial Railway, stood in the position of the Crown and Crown liability is governed by provincial law as in force on 30 October 1887, the New Brunswick Contributory Negligence Act (post‑1925) did not apply; the trial judge should have applied common‑law causation principles to determine whether plaintiff or defendant negligence was the effective cause; the misdirection requires a new trial (subject to appellant's election).

Court Disposition

Appeal allowed in part; new trial ordered if appellant elects within 30 days on specified terms; if appellant does not elect within 30 days the appeal is dismissed with costs.

Orders

  • New trial ordered upon appellant electing within 30 days on payment by defendant of plaintiff's costs of the former trial and of the appeal to the Appellate Division as between solicitor and client
  • Costs of the present appeal to abide the event