St. Lawrence Bridge Co. v. Lewis

St. Lawrence Bridge Co. v. Lewis

Appeal allowed: the Court held that a statutory action under the Workmen's Compensation Act cannot be converted on appeal into a common law damage action; the matter was remitted to the Superior Court to determine the plaintiff's basic annual remuneration under Art. 7328 R.S.Q. using the class of employment at initial hiring, computing the average from employees of the same class in the same establishment (or outside only if none exist), adjusting for exceptional involuntary loss of time, and applying the $1,200 statutory threshold to decide entitlement.

Citation
(1920) 60 SCR 565
Parties
Appellant/defendant: St. Lawrence Bridge Co.; Respondent/plaintiff: Cyrille Lewis
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1920
Procedural Posture
Appeal From Court of King's Bench, Province of Quebec to Supreme Court of Canada / On Appeal to Supreme Court of Canada; Remitted for Further Enquiry/new Trial Ordered
Outcome
Appeal allowed. Judgment of Court of King's Bench set aside in part; cause remitted to Superior Court for further inquiry and recalculation of basic annual remuneration under Art. 7328 R.S.Q.; new trial/enquiry ordered.
Legal Topics
Statutory Construction, Calculation of Average Remuneration, Definition of Worker "class", Conversion of Statutory Action to Common Law, Evidentiary Burden, Costs and Practice
Source Language
English
Labour Law Workmen's Compensation Personal Injury Civil Procedure Statutory Construction Calculation of Average Remuneration Definition of Worker "class" Conversion of Statutory Action to Common Law +2 more

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Parties

St. Lawrence Bridge Co.

Appellant/defendant

Cyrille Lewis

Respondent/plaintiff

Procedural Posture

Appeal From Court of King's Bench, Province of Quebec to Supreme Court of Canada / On Appeal to Supreme Court of Canada; Remitted for Further Enquiry/new Trial Ordered

Legal Issues

  1. 1 Whether an action brought and tried under the Workmen's Compensation Act can be converted on appeal into a common law action for damages
  2. 2 Proper construction of R.S.Q. art. 7328 for computing annual remuneration where employee employed less than twelve months
  3. 3 Which 'class' of workmen is to be used for computing hypothetical remuneration (first class of employment or class at time of accident)

Ratio Decidendi

Appeal allowed: the Court held that a statutory action under the Workmen's Compensation Act cannot be converted on appeal into a common law damage action; the matter was remitted to the Superior Court to determine the plaintiff's basic annual remuneration under Art. 7328 R.S.Q. using the class of employment at initial hiring, computing the average from employees of the same class in the same establishment (or outside only if none exist), adjusting for exceptional involuntary loss of time, and applying the $1,200 statutory threshold to decide entitlement.

Court Disposition

Appeal allowed. Judgment of Court of King's Bench set aside in part; cause remitted to Superior Court for further inquiry and recalculation of basic annual remuneration under Art. 7328 R.S.Q.; new trial/enquiry ordered.

Orders

  • Appeal allowed.
  • Judgment of the Court of King's Bench (which awarded common law damages) cannot stand and is set aside.