Union Packing Co. Ltd. v. The King

Union Packing Co. Ltd. v. The King

The Bacon Board is a servant of the Crown for the purposes of Crown liability, and a petition of right under Exchequer Court Act s.19(c) alleging injury to property by negligence of a Crown servant may lie; consequently the suppliant is entitled to proceed to trial to establish negligence and damages.

Citation
[1946] SCR 456
Parties
Appellant/suppliant: Union Packing Company Limited; Respondent/crown: His Majesty the King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 May 1946
Procedural Posture
Appeal From Exchequer Court; Petition of Right / Preliminary Question of Law Set Down Before Trial; Appeal Decision Allowing Trial to Proceed
Outcome
Appeal allowed; judgment of Exchequer Court reversed; Bacon Board adjudicated to be servant of the Crown; suppliant entitled to proceed to trial on its petition of right.
Legal Topics
Petition of Right, Status of Statutory Board as Servant or Agent of the Crown, Negligence Leading to Injury to Property, Appropriation/purchase by Crown, Order in Council and War Measures Act Interaction, Exchequer Court Act S.19(c)
Source Language
English
Crown Liability Tort (negligence) Contract Administrative Law Property Petition of Right Status of Statutory Board as Servant or Agent of the Crown Negligence Leading to Injury to Property +3 more

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Parties

Union Packing Company Limited

Appellant/suppliant

His Majesty the King

Respondent/crown

Procedural Posture

Appeal From Exchequer Court; Petition of Right / Preliminary Question of Law Set Down Before Trial; Appeal Decision Allowing Trial to Proceed

Legal Issues

  1. 1 Does a petition of right lie under alleged facts?
  2. 2 Is the Bacon Board a servant or agent of the Crown?
  3. 3 Can Crown liability arise under Exchequer Court Act s.19(c) for negligence causing property damage even if Board lacked power to purchase or appropriate?

Ratio Decidendi

The Bacon Board is a servant of the Crown for the purposes of Crown liability, and a petition of right under Exchequer Court Act s.19(c) alleging injury to property by negligence of a Crown servant may lie; consequently the suppliant is entitled to proceed to trial to establish negligence and damages.

Court Disposition

Appeal allowed; judgment of Exchequer Court reversed; Bacon Board adjudicated to be servant of the Crown; suppliant entitled to proceed to trial on its petition of right.

Orders

  • Appeal allowed and judgment a quo set aside; adjudication that the Bacon Board is a servant of the Crown and that the suppliant may proceed to trial on its petition of right
  • Costs: costs in the cause