The Canadian Pacific Railway Co. v. Robinson

The Canadian Pacific Railway Co. v. Robinson

The Court held that art.1056 gives a statutory right to survivors only where the deceased had a subsisting cause of action at the time of death; because the husband's action for bodily injury had been extinguished by one-year prescription under art.2262 before his death and that prescription is extinctive and may be noticed by the court without plea, the widow had no right of action and judgment non obstante veredicto for defendants was required.

Citation
(1891) 19 SCR 292
Parties
Appellant/defendant: Canadian Pacific Railway Company; Respondent/plaintiff: Dame Agnes Robinson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1891
Procedural Posture
Civil Tort — Wrongful Death (action Under Civil Code Art.1056) / Appeal From Court of Queen's Bench for Lower Canada (appeal Side); Motions for Judgment Non Obstante Veredicto, in Arrest of Judgment, and for a New Trial Decided on Appeal
Outcome
Appeal allowed; judgment for defendants; motion for judgment non obstante veredicto granted; costs to appellants in all courts
Legal Topics
Wrongful Death, Prescription/limitation of Actions, Statutory Interpretation, Pleading Requirements, Survival of Actions
Source Language
English
Torts Civil Procedure Statute of Limitations/prescription Wrongful Death Prescription/limitation of Actions Statutory Interpretation Pleading Requirements Survival of Actions

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Parties

Canadian Pacific Railway Company

Appellant/defendant

Dame Agnes Robinson

Respondent/plaintiff

Procedural Posture

Civil Tort — Wrongful Death (action Under Civil Code Art.1056) / Appeal From Court of Queen's Bench for Lower Canada (appeal Side); Motions for Judgment Non Obstante Veredicto, in Arrest of Judgment, and for a New Trial Decided on Appeal

Legal Issues

  1. 1 Whether widow's statutory action under art.1056 survives where deceased's personal right of action was extinguished by prescription before his death
  2. 2 Whether article 2262 (one-year prescription for bodily injuries) applies or art.2261 (two-year) applies to quasi-offences
  3. 3 Whether extinctive prescription under art.2262 must be specially pleaded or may be noticed by the court

Ratio Decidendi

The Court held that art.1056 gives a statutory right to survivors only where the deceased had a subsisting cause of action at the time of death; because the husband's action for bodily injury had been extinguished by one-year prescription under art.2262 before his death and that prescription is extinctive and may be noticed by the court without plea, the widow had no right of action and judgment non obstante veredicto for defendants was required.

Court Disposition

Appeal allowed; judgment for defendants; motion for judgment non obstante veredicto granted; costs to appellants in all courts

Orders

  • Appeal allowed with costs to appellants in all courts
  • Judgment entered for defendants non obstante veredicto in the Superior Court