Palmer et al. v. Miron & Frères et al.

Palmer et al. v. Miron & Frères et al.

Dismissal of the appeal: plaintiffs failed to establish that defendants committed a delict and, critically, failed to prove any actual damage from the removal (pushing scrap 30–35 feet did not depreciate value); absence of proven damage is fatal to the claim.

Citation
[1959] SCR 397
Parties
Plaintiff Appellant: Morris Robert Palmer; Plaintiff Appellant: Nathan Palmer; Defendant Respondent: Miron & Frère; Miron & Frères; Miron & Frères Limitée
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 February 1959
Procedural Posture
Torts / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Delict, Quasi Delict, Mandatary Liability, Expropriation, Damages, Tenant Rights
Source Language
English
Torts Property Civil Code Obligations Delict Quasi Delict Mandatary Liability Expropriation Damages +1 more

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Parties

Morris Robert Palmer

Plaintiff Appellant

Nathan Palmer

Plaintiff Appellant

Miron & Frère; Miron & Frères; Miron & Frères Limitée

Defendant Respondent

Procedural Posture

Torts / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether defendants committed a delict or quasi-delict by removing the plaintiffs' scrap
  2. 2 Whether defendants were mandatary of the Crown and thus liable to third parties
  3. 3 Whether the plaintiffs proved they suffered damages as a result of the removal

Ratio Decidendi

Dismissal of the appeal: plaintiffs failed to establish that defendants committed a delict and, critically, failed to prove any actual damage from the removal (pushing scrap 30–35 feet did not depreciate value); absence of proven damage is fatal to the claim.

Court Disposition

Appeal dismissed with costs

Orders

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