The Southern Canada Power Company Ltd. and La Corporation Municipale de la Cité de Granby v. Turgeon

The Southern Canada Power Company Ltd. and La Corporation Municipale de la Cité de Granby v. Turgeon

The Court held both defendants jointly and severally liable: the municipality was at fault for creating and tolerating a dangerous condition by dumping snow under high-voltage lines in an area accessible to children, and the power company was at fault by omitting to act despite knowing or reasonably foreseeing the...

Source-derived case information.

Citation
[1961] SCR 508
Parties
Plaintiff/respondent: Dame Marie-Paule Turgeon; Defendant/appellant: The Southern Canada Power Company Limited; Defendant/appellant: La Corporation Municipale de la Cité de Granby
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 April 1961
Procedural Posture
Torts Negligence (personal Injury) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Province of Quebec (judgment Below Affirmed)
Outcome
Appeals dismissed; judgment of the Court of Queen's Bench and trial court affirmed; appeals dismissed with costs.
Legal Topics
Duty of Care, Omission, Public Safety, Liability for Creating Dangerous Condition, Children Injuries, Joint and Several Liability
Source Language
english
Torts Negligence Municipal Liability Utility Regulation Civil Code (quebec) Duty of Care Omission Public Safety +3 more

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Parties

Dame Marie-Paule Turgeon

Plaintiff/respondent

The Southern Canada Power Company Limited

Defendant/appellant

La Corporation Municipale de la Cité de Granby

Defendant/appellant

Procedural Posture

Torts Negligence (personal Injury) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Province of Quebec (judgment Below Affirmed)

  1. 1 Whether the municipality was liable for creating a dangerous condition by dumping snow under transmission lines accessible to children
  2. 2 Whether the power company was liable for omission in failing to prevent a foreseeable danger caused by snow accumulation beneath its transmission lines
  3. 3 Whether liability is joint and several between the municipality and the power company

Ratio Decidendi

The Court held both defendants jointly and severally liable: the municipality was at fault for creating and tolerating a dangerous condition by dumping snow under high-voltage lines in an area accessible to children, and the power company was at fault by omitting to act despite knowing or reasonably foreseeing the hazard from accumulated snow which reduced statutory clearance.

Court Disposition

Appeals dismissed; judgment of the Court of Queen's Bench and trial court affirmed; appeals dismissed with costs.

Orders

  • Appeals of The Southern Canada Power Company Limited and La Corporation Municipale de la Cité de Granby dismissed with costs
  • Defendants jointly and severally liable for the damages awarded by the trial court (as affirmed below)