Pratt v. Beaman

Pratt v. Beaman

Events between the accident and the trial, including the death of the injured person, are relevant and must be taken into account when estimating damages for loss of wages; damages for death are a separate cause of action under art. 1056 C.C. and cannot be added to an existing action commenced before death; the...

Source-derived case information.

Citation
[1930] SCR 284
Parties
Plaintiff Par Reprise D'instance Appellant: Dame Mary L. Pratt; Defendant Respondent: Edgar Beaman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 October 1929
Procedural Posture
Civil Tort (negligence, Damages for Loss of Wages) / Appeal to Supreme Court of Canada on Appeal From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench (Q.R. 46 K.B. 401) affirmed
Legal Topics
Negligence, Damages for Loss of Wages, Death Before Trial, Assessment of Future Damages, Wrongful Death, Interest on Unliquidated Damages, Revivor
Source Language
english
Torts Civil Procedure Civil Code (quebec) Negligence Damages for Loss of Wages Death Before Trial Assessment of Future Damages Wrongful Death +2 more

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Parties

Dame Mary L. Pratt

Plaintiff Par Reprise D'instance Appellant

Edgar Beaman

Defendant Respondent

Procedural Posture

Civil Tort (negligence, Damages for Loss of Wages) / Appeal to Supreme Court of Canada on Appeal From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether events occurring after the accident but before trial (including death of the victim) must be taken into account when estimating damages for loss of wages
  2. 2 Whether damages occasioned by the death of the victim can be added to an action commenced before death or require an independent action under the Civil Code
  3. 3 Whether an appellate court should interfere with the trial court's assessment of non-pecuniary damages such as pain and suffering

Ratio Decidendi

Events between the accident and the trial, including the death of the injured person, are relevant and must be taken into account when estimating damages for loss of wages; damages for death are a separate cause of action under art. 1056 C.C. and cannot be added to an existing action commenced before death; the appellate court's reductions and refusal to award pre-judgment interest were proper and are affirmed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench (Q.R. 46 K.B. 401) affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench (Q.R. 46 K.B. 401) affirmed