Gagné v. Côté

Driving an animal‑drawn vehicle at night without a light or reflector is negligent notwithstanding the Highway Code's silence; longstanding Quebec jurisprudence supports this rule and there was no clear error in the trial court's apportionment of liability so the appeal is dismissed.

Citation: [1970] SCR 25
Parties: Defendant; Appellant: Joseph Gagné; Plaintiff; Respondent: Wilfrid Côté
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 7 October 1969
Procedural Posture: Civil Tort Motor Vehicle Accident / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Quebec
Outcome: Appeal dismissed
Legal Topics: Negligence, Contributory Negligence, Liability Apportionment, Statutory Silence Vs. Civil Duty, Animal‑drawn Vehicle Lighting
Source Language: English

Tort Motor Vehicle Law Statutory Interpretation Contributory Negligence Evidence and Appellate Review Negligence Liability Apportionment Statutory Silence Vs. Civil Duty +1 more

Case Brief

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 7

Parties

Joseph Gagné

Defendant; Appellant

Wilfrid Côté

Plaintiff; Respondent

Procedural Posture

Civil Tort Motor Vehicle Accident / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Quebec

Legal Issues

1 Whether driving a horse‑drawn vehicle at night without rear light or reflector constitutes negligence
2 Whether absence of a statutory requirement precludes civil liability for negligence
3 Whether appellant must bear majority of liability and whether appellate court should disturb trial court's apportionment

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed with costs
Judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec affirmed