Cloaks Ltd. v. Cooperberg and Davis

Cloaks Ltd. v. Cooperberg and Davis

Majority held respondents met the art.1054 onus because the flood was caused by a latent defect in a sealed ball-float that could not have been discovered or prevented by reasonable means, and additionally the appellant's failure to close the water-supply valve before leaving the premises broke the chain of...

Source-derived case information.

Citation
[1959] SCR 785
Parties
Plaintiff/appellant: M. & W. Cloaks Limited; Defendant/respondent: Osias Cooperberg; Defendant/respondent: Arthur Davis
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1959
Procedural Posture
Tort Property Damage (steam System Flooding) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed
Legal Topics
Custodian Liability, Art. 1054 C.c., Force Majeure, Cas Fortuit, Onus of Proof, Damages, Gardien Juridique, Latent Defect, Preventability
Source Language
english
Torts Civil Code (quebec) Property Damage Negligence Custodian Liability Art. 1054 C.c. Force Majeure Cas Fortuit +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

M. & W. Cloaks Limited

Plaintiff/appellant

Osias Cooperberg

Defendant/respondent

Arthur Davis

Defendant/respondent

Procedural Posture

Tort Property Damage (steam System Flooding) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether defendants as custodians under art.1054 C.C. satisfied the onus of proving they were unable by reasonable means to prevent the damage
  2. 2 Whether appellant assumed custody/gardien juridique of the steam system by permission to use it and thereby bore responsibility
  3. 3 Whether appellant's failure to close the water-supply valve precludes recovery

Ratio Decidendi

Majority held respondents met the art.1054 onus because the flood was caused by a latent defect in a sealed ball-float that could not have been discovered or prevented by reasonable means, and additionally the appellant's failure to close the water-supply valve before leaving the premises broke the chain of recoverable causation; therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec affirmed