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Tort [1940] SCR 325

Morrison v. The King

The Supreme Court of Canada held the Crown liable for negligence after an R.C.M.P. constable struck the appellant on a federally maintained driveway.

  • Negligence
  • Scope of employment
  • Public work
  • Contributory negligence
  • Petition of right
  • Exchequer court act s.19(c)
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Contract (1911) 44 SCR 208

The King v. Wallberg

The Supreme Court of Canada held that payment for unauthorized public works accepted by the Crown was limited to fair value, not the contractor’s costs plus profit.

  • Quantum meruit
  • Authority of government engineer
  • Acceptance by crown
  • Measure of compensation (fair value vs cost plus profit)
  • Construction of order of reference
  • Quantum-meruit
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Contract (1907) 38 SCR 501

Pigott & Ingles v. The King

The Supreme Court of Canada dismissed contractors’ appeal seeking quantum meruit compensation for public works said to have been altered by winter conditions and revised directions.

  • Quantum meruit
  • Waiver by order in council
  • Construction of statute
  • Directory vs imperative statutory provisions
  • Engineer certificates
  • Extra works
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Property law (1904) 34 SCR 570

The King v. MacArthur

The Supreme Court of Canada held that inconvenience from a less convenient substituted route and general depreciation in land value from a public work were not compensable.

  • Compensation for injurious affection
  • Loss of access
  • General depreciation of property
  • Remedy by indictment vs civil compensation
  • Injurious-affection
  • Loss-of-access
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Contract (1902) 32 SCR 483

The King v. Stewart

Appeal from the Exchequer Court in a public works contract dispute over termination, plant ownership, and damages arising from the Soulanges Canal works.

  • Breach of contract
  • Termination/forfeiture clause
  • Appropriation/ownership of plant
  • Damages
  • Notice requirements
  • Extension of time
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Contract (1895) 25 SCR 564

Ross v. The Queen

Appeal from dismissal of a petition of right over Intercolonial Railway contracts. The Court held the engineer’s report was not the required final certificate.

  • Final certificate of engineer
  • Condition precedent to payment
  • Forfeiture for delay
  • Binding effect of prior decision (mcgreevy v the queen)
  • Contract-law
  • Public-works
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Torts (1895) 25 SCR 692

The Queen v. Robinson

Appeal from an Exchequer Court damages award for wharf injury caused by the Intercolonial Railway extension was dismissed with costs.

  • Damages
  • Injury to wharf property
  • Railway extension
  • Evidence
  • Torts
  • Property-damage
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Contract (1894) 23 SCR 454

Mayes v. The Queen

The Supreme Court of Canada dismissed a contractor’s claim against the Crown for delay, holding the engineer lacked authority to bind the Crown and the contract excluded delay damages.

  • Delay
  • Inspection of materials
  • Authority of government agents
  • Exclusion clause
  • Order in council requirement
  • Crown-contracts
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Torts (1894) 23 SCR 147

Archibald v. The Queen

The Supreme Court of Canada dismissed an appeal for compensation after a railway bridge interfered with rafting, holding the affected right was public, not private.

  • Interference with public rights
  • Compensation for public work
  • Crown liability
  • Public-rights
  • Crown-liability
  • Public-works
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.