McCleave v. City of Moncton

McCleave v. City of Moncton

A municipal corporation is not liable for torts of a police constable who, in enforcing a statute, acted as a public officer rather than as an agent or servant of the municipality; therefore respondeat superior does not render the city liable for the constable's unlawful execution of a warrant.

Citation
(1902) 32 SCR 106
Parties
Appellant (plaintiff): Melissa McCleave, Administratrix of the Estate of David McCleave; Respondent (defendant): City of Moncton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 February 1902
Procedural Posture
Civil Appeal / Appeal From Supreme Court of New Brunswick to Supreme Court of Canada; Final Disposition on Appeal
Outcome
Appeal dismissed with costs; judgment for defendant affirmed.
Legal Topics
Respondeat Superior, Municipal Liability for Police Acts, Negligent Performance of Duty, Public Officers Vs Municipal Agents
Source Language
English
Municipal Law Tort Police Law Administrative Law Respondeat Superior Municipal Liability for Police Acts Negligent Performance of Duty Public Officers Vs Municipal Agents

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 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Melissa McCleave, Administratrix of the Estate of David McCleave

Appellant (plaintiff)

City of Moncton

Respondent (defendant)

Procedural Posture

Civil Appeal / Appeal From Supreme Court of New Brunswick to Supreme Court of Canada; Final Disposition on Appeal

Legal Issues

  1. 1 Whether a municipal corporation is vicariously liable for torts committed by a police constable appointed by it
  2. 2 Whether a police constable acts as an agent or servant of the municipality for which respondeat superior can apply
  3. 3 Whether enforcement of a statute by a constable is an act of municipal government or of the state

Ratio Decidendi

A municipal corporation is not liable for torts of a police constable who, in enforcing a statute, acted as a public officer rather than as an agent or servant of the municipality; therefore respondeat superior does not render the city liable for the constable's unlawful execution of a warrant.

Court Disposition

Appeal dismissed with costs; judgment for defendant affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of New Brunswick affirming verdict for defendant (City of Moncton) is affirmed.