Desormeaux v. La Cité de Verdun

Desormeaux v. La Cité de Verdun

The municipality was liable because it negligently permitted protruding water-plugs on its property accessible to the public that were not visible at night, and those plugs were the sole cause of the accident; the trial judgment awarding damages was restored.

Source-derived case information.

Citation
[1958] SCR 342
Parties
Plaintiff/appellant: Oscar Desormeaux; Defendant/respondent: La Cité de Verdun
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 April 1958
Procedural Posture
Civil Appeal (municipal Law Torts) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Province of Quebec
Outcome
Appeal allowed; judgment of the Superior Court restored; damages awarded to plaintiff upheld; costs awarded to appellant for all courts.
Legal Topics
Municipal Liability, Duty of Care, Public Obstructions, Causation, Damages
Source Language
english
Municipal Law Tort Law Negligence Civil Liability Municipal Liability Duty of Care Public Obstructions Causation +1 more

Source-derived case record

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Parties

Oscar Desormeaux

Plaintiff/appellant

La Cité de Verdun

Defendant/respondent

Procedural Posture

Civil Appeal (municipal Law Torts) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the municipality was negligent in permitting protruding water-plugs on its property accessible to the public
  2. 2 Whether the protruding plugs were the proximate and sole cause of the plaintiff's daughter's injury
  3. 3 Whether the municipality's conduct attracted civil liability under the Civil Code

Ratio Decidendi

The municipality was liable because it negligently permitted protruding water-plugs on its property accessible to the public that were not visible at night, and those plugs were the sole cause of the accident; the trial judgment awarding damages was restored.

Court Disposition

Appeal allowed; judgment of the Superior Court restored; damages awarded to plaintiff upheld; costs awarded to appellant for all courts.

Orders

  • Appeal allowed
  • Judgment of the Superior Court restored awarding $6,804.75