Christie v. The York Corporation

Christie v. The York Corporation

Majority: Under Quebec law the general freedom of commerce permits a proprietor of a tavern to refuse service absent a specific statutory prohibition; s.33 of the Licence Act does not apply because its definitions limit it to restaurants and travellers, and the sale of beer by the glass in a tavern is not within that provision; therefore the respondent's refusal was lawful. (Davis J. dissented, holding that a state‑granted privilege to sell beer imposes a public duty to serve.)

Citation
[1940] SCR 139
Parties
Plaintiff/appellant: Fred. Christie; Defendant/respondent: The York Corporation
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1939
Procedural Posture
Civil Appeal — Tort (refusal of Service / Discrimination) / Appeal to Supreme Court of Canada From Court of King's Bench (appeal Side), on Special Leave From Superior Court
Outcome
Appeal dismissed; judgment of the Court of King's Bench affirmed (Davis J. dissenting).
Legal Topics
Refusal of Service, Racial Discrimination, Freedom of Commerce, Licensing Statute Interpretation, Public Order, Privilege/monopoly
Source Language
English
Torts Commercial Law Administrative/regulatory Law Civil Rights Refusal of Service Racial Discrimination Freedom of Commerce Licensing Statute Interpretation +2 more

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Parties

Fred. Christie

Plaintiff/appellant

The York Corporation

Defendant/respondent

Procedural Posture

Civil Appeal — Tort (refusal of Service / Discrimination) / Appeal to Supreme Court of Canada From Court of King's Bench (appeal Side), on Special Leave From Superior Court

Legal Issues

  1. 1 Whether a tavern owner in Quebec may lawfully refuse service on racial grounds
  2. 2 Whether s.33 of the Quebec Licence Act applies to a person seeking beer in a tavern
  3. 3 Whether a holder of a government permit to sell beer by the glass has a public duty to serve all members of the public or may exercise private discretion

Ratio Decidendi

Majority: Under Quebec law the general freedom of commerce permits a proprietor of a tavern to refuse service absent a specific statutory prohibition; s.33 of the Licence Act does not apply because its definitions limit it to restaurants and travellers, and the sale of beer by the glass in a tavern is not within that provision; therefore the respondent's refusal was lawful. (Davis J. dissented, holding that a state‑granted privilege to sell beer imposes a public duty to serve.)

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench affirmed (Davis J. dissenting).

Orders

  • Appeal dismissed with costs
  • Judgment of Court of King's Bench affirmed (trial judgment awarding $25 set aside)