Dartmouth Ferry Commission v. Marks

Dartmouth Ferry Commission v. Marks

The majority held that permanent disablement making performance impossible ends a personal service contract and the jury findings that the illness was temporary were contrary to evidence; accordingly the appeal is allowed and a new trial ordered (the court could not under provincial rules enter judgment for the defendant).

Citation
(1904) 34 SCR 366
Parties
Appellant (defendant): Dartmouth Ferry Commission; Respondent (plaintiff): Jane Marks, Executrix of John H. Marks, deceased
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 February 1904
Procedural Posture
Appeal From Supreme Court of Nova Scotia / Final Appeal to Supreme Court of Canada; Judgment and Remittal for New Trial Ordered
Outcome
Appeal allowed; jury findings on permanency set aside as contrary to evidence; new trial ordered; costs to appellants in this court and in the court appealed from; costs of the trial to abide event.
Legal Topics
Termination by Notice, Incapacity and Permanent Disability, Wages During Illness, Acquiescence and Notice, No Work No Pay Rule
Source Language
English
Labour Law Contract Law Employment Law Termination by Notice Incapacity and Permanent Disability Wages During Illness Acquiescence and Notice No Work No Pay Rule

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 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dartmouth Ferry Commission

Appellant (defendant)

Jane Marks, Executrix of John H. Marks, deceased

Respondent (plaintiff)

Procedural Posture

Appeal From Supreme Court of Nova Scotia / Final Appeal to Supreme Court of Canada; Judgment and Remittal for New Trial Ordered

Legal Issues

  1. 1 Whether permanent incapacity due to illness terminates a contract of service
  2. 2 Whether an illness that culminates in death but was initially believed temporary is legally to be treated as permanent
  3. 3 Whether employer resolution reducing pay for absences was communicated and acquiesced in by employee

Ratio Decidendi

The majority held that permanent disablement making performance impossible ends a personal service contract and the jury findings that the illness was temporary were contrary to evidence; accordingly the appeal is allowed and a new trial ordered (the court could not under provincial rules enter judgment for the defendant).

Court Disposition

Appeal allowed; jury findings on permanency set aside as contrary to evidence; new trial ordered; costs to appellants in this court and in the court appealed from; costs of the trial to abide event.

Orders

  • Appeal allowed
  • Findings of the jury on questions as to temporariness and permanency of illness set aside