Grimaldi v. Restaldi

Grimaldi v. Restaldi

The discovery deposition containing the appellant's extrajudicial admissions that the chauffeur was at fault and that the appellant was liable was part of the record and sufficed to establish liability; additionally the appellant retained control over the chauffeur (no transfer of patronage), so vicarious liability remained with the appellant; appeal dismissed.

Citation
[1933] SCR 489
Parties
Appellant / Owner/defendant: Carmelo G. Grimaldi; Respondent / Plaintiff: Victorio V. Restaldi
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 June 1933
Procedural Posture
Tort (negligence) Automobile / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec; Final Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment for respondent affirmed.
Legal Topics
Vicarious Liability, Patron Momentané, Extrajudicial Admissions, Discovery Evidence, Res Ipsa Loquitur
Source Language
English
Torts Negligence Agency Evidence Vicarious Liability Patron Momentané Extrajudicial Admissions Discovery Evidence +1 more

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Parties

Carmelo G. Grimaldi

Appellant / Owner/defendant

Victorio V. Restaldi

Respondent / Plaintiff

Procedural Posture

Tort (negligence) Automobile / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec; Final Judgment on Appeal

Legal Issues

  1. 1 Whether record contained evidence that the appellant's chauffeur was at fault
  2. 2 Whether the respondent was the patron momentané (temporary master) of the chauffeur, shifting liability
  3. 3 Whether extrajudicial admissions made at discovery could be relied on at trial

Ratio Decidendi

The discovery deposition containing the appellant's extrajudicial admissions that the chauffeur was at fault and that the appellant was liable was part of the record and sufficed to establish liability; additionally the appellant retained control over the chauffeur (no transfer of patronage), so vicarious liability remained with the appellant; appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment for respondent affirmed.

Orders

  • Appeal dismissed with costs
  • Respondent awarded judgment of $5,073.07