Pantel v. Air Canada

Pantel v. Air Canada

Article 1056 C.C. is to be read in the context of the Civil Code and does not authorize recovery for loss of a prospective inheritance; however, per this Court's prior holding in Lachance, income or estate assets inherited by claimants cannot be used to reduce awards for loss of support, and on that basis the award for the father's death had to be increased.

Citation
[1975] 1 SCR 472
Parties
Plaintiff Appellant: Francine Merle Pantel; Plaintiff Appellant: Sharon Pantel; Plaintiff Appellant: Eleanor Rhona Pantel; Defendant Respondent: Air Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 April 1974
Procedural Posture
Torts Wrongful Death / Appeal to Supreme Court of Canada (judgment on Appeal From Court of Queen's Bench, Appeal Side, Quebec)
Outcome
Appeal allowed in part: increase to compensation for father's death; other appeals dismissed; no costs in this Court.
Legal Topics
Wrongful Death, Loss of Future Estate, Loss of Support, Funeral Expenses, Inheritance, Quantification of Damages
Source Language
English
Torts Civil Code Interpretation Damages Wrongful Death Loss of Future Estate Loss of Support Funeral Expenses Inheritance +1 more

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Parties

Francine Merle Pantel

Plaintiff Appellant

Sharon Pantel

Plaintiff Appellant

Eleanor Rhona Pantel

Plaintiff Appellant

Air Canada

Defendant Respondent

Procedural Posture

Torts Wrongful Death / Appeal to Supreme Court of Canada (judgment on Appeal From Court of Queen's Bench, Appeal Side, Quebec)

Legal Issues

  1. 1 Whether loss of future estate (diminution of expected inheritance) is recoverable under article 1056 of the Civil Code of Quebec
  2. 2 Whether income or estate assets inherited by claimants can be taken into account to reduce damages for loss of support
  3. 3 Proper interpretive approach to art. 1056 C.C. versus The Fatal Accidents Act/Lord Campbell’s Act

Ratio Decidendi

Article 1056 C.C. is to be read in the context of the Civil Code and does not authorize recovery for loss of a prospective inheritance; however, per this Court's prior holding in Lachance, income or estate assets inherited by claimants cannot be used to reduce awards for loss of support, and on that basis the award for the father's death had to be increased.

Court Disposition

Appeal allowed in part: increase to compensation for father's death; other appeals dismissed; no costs in this Court.

Orders

  • Increase compensation for death of Saul Pantel to a total of $52,955.80 divided as follows: Francine Merle Pantel $22,215.80; Sharon Pantel $12,670.00; Eleanor Rhona Pantel $18,070.00
  • Dismiss the appeals concerning the mother's death (leave Court of Appeal reduction in place)