Watt and Scott v. City of Montreal

Watt and Scott v. City of Montreal

The Court had no jurisdiction to entertain an appeal as to the March 1917 claim because consolidation for trial did not destroy each action's separate identity or jurisdictional valuation; on the July 1917 claim the City of Montreal was held liable because the flooding was caused by the sewer, a thing under the City's care, and the City failed to prove it was unable to prevent the act (backing of water) that caused the damage and in the circumstances should have provided the practicable safety valves authorized by charter and by-law; the storm did not amount to vis major because it was extraordinary but not unprecedented or unforeseeable. Damages were to be awarded on the July claim with...

Citation
(1920) 60 SCR 523
Parties
Plaintiff Appellant: Watt & Scott, Limited; Defendant Respondent: City of Montreal
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1920
Procedural Posture
Negligence Municipal Liability (torts) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (consolidated Trial of Two Actions)
Outcome
Appeal quashed as to March 1917 action for want of jurisdiction; appeal allowed in respect of the July 1917 action — City of Montreal held liable for flooding caused by sewer backing; damages to be awarded on the July claim with apportionment to reflect contributory fault.
Legal Topics
Vis Major / Force Majeure, Liability for Public Works and Things Under Care (art.1054 C.c.), Sewerage and Surface Water Flooding, Consolidation of Actions and Jurisdictional Limits, Statutory/by Law Duties to Install Safety Valves, Contributory Fault
Source Language
English
Torts Municipal Law Civil Procedure Vis Major / Force Majeure Liability for Public Works and Things Under Care (art.1054 C.c.) Sewerage and Surface Water Flooding Consolidation of Actions and Jurisdictional Limits Statutory/by Law Duties to Install Safety Valves +1 more

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 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Watt & Scott, Limited

Plaintiff Appellant

City of Montreal

Defendant Respondent

Procedural Posture

Negligence Municipal Liability (torts) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (consolidated Trial of Two Actions)

Legal Issues

  1. 1 Whether the Supreme Court had jurisdiction to hear the appeal as to the March 1917 claim (amount under $2,000) following consolidation for trial
  2. 2 Whether the July 1917 storm constituted vis major / act of God negating municipal liability
  3. 3 Whether the City of Montreal was liable under Quebec Civil Code art.1054 for damage caused by a thing under its care (the sewer) and whether it proved inability to prevent the act that caused the damage

Ratio Decidendi

The Court had no jurisdiction to entertain an appeal as to the March 1917 claim because consolidation for trial did not destroy each action's separate identity or jurisdictional valuation; on the July 1917 claim the City of Montreal was held liable because the flooding was caused by the sewer, a thing under the City's care, and the City failed to prove it was unable to prevent the act (backing of water) that caused the damage and in the circumstances should have provided the practicable safety valves authorized by charter and by-law; the storm did not amount to vis major because it was extraordinary but not unprecedented or unforeseeable. Damages were to be awarded on the July claim with...

Court Disposition

Appeal quashed as to March 1917 action for want of jurisdiction; appeal allowed in respect of the July 1917 action — City of Montreal held liable for flooding caused by sewer backing; damages to be awarded on the July claim with apportionment to reflect contributory fault.

Orders

  • Appeal quashed as to the March 1917 claim for lack of jurisdiction (amount under $2,000 maintained)
  • Appeal allowed in respect of the July 1917 claim; City of Montreal held liable for damages caused by sewer backing into appellant's cellar