Canadian National Steamships Co. Ltd. v. Watson

Canadian National Steamships Co. Ltd. v. Watson

Section 265 of the Merchants' Shipping Act applies so the law of the port of registry (British Columbia) governs the tort; the plaintiff may presume that law equals Quebec law unless defendant proves otherwise; the jury's answer was ambiguous and did not clearly establish causation, therefore a new trial is required.

Citation
[1939] SCR 11
Parties
Defendant Appellant: Canadian National Steamships Co. Ltd.; Plaintiff Respondent: Alfred Watson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 December 1938
Procedural Posture
Tort (negligence) Appeal Maritime / Appeal to Supreme Court of Canada From Court of King’s Bench, Quebec; New Trial Ordered
Outcome
Appeal allowed in part; new trial ordered.
Legal Topics
Negligence, Common Employment (fellow Servant), Lex Loci Delicti, Merchants' Shipping Act S.265, Jury Verdict Interpretation, Choice of Law
Source Language
English
Torts Maritime Law Conflict of Laws Shipping Law Civil Procedure Negligence Common Employment (fellow Servant) Lex Loci Delicti +3 more

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Parties

Canadian National Steamships Co. Ltd.

Defendant Appellant

Alfred Watson

Plaintiff Respondent

Procedural Posture

Tort (negligence) Appeal Maritime / Appeal to Supreme Court of Canada From Court of King’s Bench, Quebec; New Trial Ordered

Legal Issues

  1. 1 Whether the jury verdict unequivocally established a causal nexus between the alleged fault and the plaintiff's injury
  2. 2 Which law governs liability for acts aboard a British ship on the high seas when tried in Quebec (application of Merchants' Shipping Act 1894 s.265)
  3. 3 Whether the defence of common employment under English law barred recovery

Ratio Decidendi

Section 265 of the Merchants' Shipping Act applies so the law of the port of registry (British Columbia) governs the tort; the plaintiff may presume that law equals Quebec law unless defendant proves otherwise; the jury's answer was ambiguous and did not clearly establish causation, therefore a new trial is required.

Court Disposition

Appeal allowed in part; new trial ordered.

Orders

  • New trial ordered
  • Costs of both appeals and of the abortive trial to abide the result of the new trial