Vaillancourt v. Jacques

Vaillancourt v. Jacques

Majority: Where the evidence establishes that the minor participated in ordinary play and there is no proof he behaved differently or imprudently, the injury is an unfortunate accident without attributable fault; thus neither the child nor the tutor is liable and the appeal must be dismissed.

Citation
[1975] 1 SCR 724
Parties
Plaintiff/appellant: Réal Vaillancourt; Defendant/respondent: Armand Jacques
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 April 1974
Procedural Posture
Torts Negligence / Appeal to Supreme Court of Canada From Court of Queen's Bench, Quebec (appeal Side)
Outcome
Appeal dismissed (Pigeon J. dissenting)
Legal Topics
Minor Liability, Parental (tutor) Liability, Standard of Care for Children, Foreseeability, Imprudence, Accident Vs Fault
Source Language
English
Torts Negligence Civil Liability Minor Liability Parental (tutor) Liability Standard of Care for Children Foreseeability Imprudence +1 more

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Parties

Réal Vaillancourt

Plaintiff/appellant

Armand Jacques

Defendant/respondent

Procedural Posture

Torts Negligence / Appeal to Supreme Court of Canada From Court of Queen's Bench, Quebec (appeal Side)

Legal Issues

  1. 1 Whether a minor’s use of a broken toy with a sharp point constitutes actionable fault/negligence
  2. 2 Whether the father (tutor) is civilly liable for the minor’s fault under Civil Code Art. 1054
  3. 3 Whether participation in a game in an apparently normal manner precludes finding of negligence

Ratio Decidendi

Majority: Where the evidence establishes that the minor participated in ordinary play and there is no proof he behaved differently or imprudently, the injury is an unfortunate accident without attributable fault; thus neither the child nor the tutor is liable and the appeal must be dismissed.

Court Disposition

Appeal dismissed (Pigeon J. dissenting)

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal is affirmed