North Shore Power Co. v. Duguay

North Shore Power Co. v. Duguay

The appeal was dismissed because the record and judgments below showed the suit was pending between the appellants and both Duguay and his wife; the court affirmed the lower courts' factual findings and, exercising its power under ss.63-64 R.S.C., ordered the record amended to make the $300 award payable to both spouses as communs en biens and to grant defendants a full discharge on satisfaction of the judgment.

Citation
(1906) 37 SCR 624
Parties
Appellant: North Shore Power Company; Respondents: Albert Duguay and Léocadie Vézina (et uxor)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 October 1906
Procedural Posture
Civil Action Tort (wrongful Death and Damages) / On Appeal to the Supreme Court of Canada From the Superior Court Sitting in Review
Outcome
Appeal dismissed with costs; judgment of the Superior Court and court of review affirmed with amendment of record
Legal Topics
Reprise D'instance, Married Woman's Right of Action, Legal Community (communauté De Biens), Amendment of Record, Damages
Source Language
English
Civil Procedure Tort Family Law Property (marital Community) Reprise D'instance Married Woman's Right of Action Legal Community (communauté De Biens) Amendment of Record +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

North Shore Power Company

Appellant

Albert Duguay and Léocadie Vézina (et uxor)

Respondents

Procedural Posture

Civil Action Tort (wrongful Death and Damages) / On Appeal to the Supreme Court of Canada From the Superior Court Sitting in Review

Legal Issues

  1. 1 Whether the remarriage of the female plaintiff extinguished her personal right of action absent a reprise d'instance in the name of her husband
  2. 2 Whether, on the facts, a reprise d'instance had been effected so that the suit remained properly pending against both husband and wife
  3. 3 Whether the Court could, under ss.63-64 of the Supreme and Exchequer Courts Act, amend the record to reflect payment to the spouses as communs en biens

Ratio Decidendi

The appeal was dismissed because the record and judgments below showed the suit was pending between the appellants and both Duguay and his wife; the court affirmed the lower courts' factual findings and, exercising its power under ss.63-64 R.S.C., ordered the record amended to make the $300 award payable to both spouses as communs en biens and to grant defendants a full discharge on satisfaction of the judgment.

Court Disposition

Appeal dismissed with costs; judgment of the Superior Court and court of review affirmed with amendment of record

Orders

  • Appeal dismissed with costs.
  • Record amended under ss.63-64 of the Supreme and Exchequer Courts Act to show the $300 award payable to both Albert Duguay and Léocadie Vézina as communs en biens.