Cairney v. MacQueen

Cairney v. MacQueen

The Families' Compensation Act's reference to the "person who would have been liable if death had not ensued" does not, in the context of the statute, extend to the personal representative of the alleged tortfeasor; the identity of the liable person is to be assessed at the moment of the victim's death, and because survivorship could not be established in favour of the victim the action against the administratrix was not maintainable and the appeal must be dismissed.

Citation
[1956] SCR 555
Parties
Appellant (plaintiff, Infant): James Burns Cairney; Respondent (defendant, Administratrix of the Estate of Douglas Duncan Mac Queen): Roberta Burrells MacQueen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 May 1956
Procedural Posture
Appeal Concerning Wrongful Death Claim Under the Families' Compensation Act and Related Issues of Administration and Limitation / Supreme Court of Canada on Appeal From the Court of Appeal for British Columbia (final Disposition)
Outcome
Appeal dismissed; no costs.
Legal Topics
Wrongful Death, Families Compensation Act, Administration Act S.71, Interpretation Act S.24(31), Limitation Periods, Survivorship Analysis
Source Language
English
Torts Aviation Law Probate/administration Statutory Interpretation Limitation Law Wrongful Death Families Compensation Act Administration Act S.71 +3 more

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Parties

James Burns Cairney

Appellant (plaintiff, Infant)

Roberta Burrells MacQueen

Respondent (defendant, Administratrix of the Estate of Douglas Duncan Mac Queen)

Procedural Posture

Appeal Concerning Wrongful Death Claim Under the Families' Compensation Act and Related Issues of Administration and Limitation / Supreme Court of Canada on Appeal From the Court of Appeal for British Columbia (final Disposition)

Legal Issues

  1. 1 Whether beneficiaries may maintain an action under the Families' Compensation Act against the personal representative of an alleged tortfeasor
  2. 2 Whether the word "person" in s.3 of the Families' Compensation Act includes executors/administrators by virtue of the Interpretation Act
  3. 3 Whether the six‑month limitation in s.71(3) of the Administration Act bars the action when writ issued after six months from tortfeasor's death but within twelve months of victim's death

Ratio Decidendi

The Families' Compensation Act's reference to the "person who would have been liable if death had not ensued" does not, in the context of the statute, extend to the personal representative of the alleged tortfeasor; the identity of the liable person is to be assessed at the moment of the victim's death, and because survivorship could not be established in favour of the victim the action against the administratrix was not maintainable and the appeal must be dismissed.

Court Disposition

Appeal dismissed; no costs.

Orders

  • Appeal dismissed
  • No costs in this Court or in the courts below