DeKérangat v. Eastern Townships Bank

DeKérangat v. Eastern Townships Bank

Where a ruined building is sold and the purchaser assumes ownership and control to demolish and remove materials, the vendor is not personally liable under article 1054 of the Civil Code for injuries caused by the purchaser's negligence; municipal by-laws governing demolition in this case placed duties on the contractor/purchaser, not on the vendor.

Citation
(1908) 41 SCR 259
Parties
Appellant/plaintiff: Héloïse LeMaignan DeKérangat; Respondent/defendant: The Eastern Townships Bank; Defendant: Dagenais
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1908
Procedural Posture
Negligence Wrongful Death (tort) / Appeal to Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side)
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench affirmed in so far as it dismissed the action against the bank
Legal Topics
Negligence, Vicarious Liability, Sale of Ruined Building, Personal Responsibility of Vendor, Demolition by Purchaser, Municipal Regulation of Demolition
Source Language
English
Torts Civil Code Municipal by Law Negligence Vicarious Liability Sale of Ruined Building Personal Responsibility of Vendor Demolition by Purchaser +1 more

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Parties

Héloïse LeMaignan DeKérangat

Appellant/plaintiff

The Eastern Townships Bank

Respondent/defendant

Dagenais

Defendant

Procedural Posture

Negligence Wrongful Death (tort) / Appeal to Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side)

Legal Issues

  1. 1 Whether vendor of a ruined building is personally liable under article 1054 of the Civil Code for injuries caused by the purchaser's negligence in demolishing and removing materials
  2. 2 Whether municipal by-laws imposed safety duties on the vendor or on the purchaser/contractor
  3. 3 Whether sale transferred control and ownership such that the vendor lost responsibility for demolition operations

Ratio Decidendi

Where a ruined building is sold and the purchaser assumes ownership and control to demolish and remove materials, the vendor is not personally liable under article 1054 of the Civil Code for injuries caused by the purchaser's negligence; municipal by-laws governing demolition in this case placed duties on the contractor/purchaser, not on the vendor.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench affirmed in so far as it dismissed the action against the bank

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench affirmed, dismissing the plaintiff's action against the bank