Van Dyke v. Hains

Van Dyke v. Hains
Collection
Supreme Court Judgments
Date
1920-11-12
Report
(1920) 60 SCR 659
Judges
Davies, Louis Henry; Idington, John; Duff, Lyman Poore; Anglin, Francis Alexander; Brodeur, Louis-Philippe; Mignault, Pierre-Basile
On appeal from
Quebec
Subjects
Labour law
Decision Content
Supreme Court of Canada
Van Dyke v. Hains, (1920) 60 S.C.R. 659
Date: 1920-11-12
Van Dyke and Go. v. Hains.
1920: November 11; 12.
Present: Sir Louis Davies C.J. and Idington, Duff, Anglin, Brodeur and Mignault JJ.
ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
Workmen's Compensation Act—Industrial company—Pulp and paper company—R.S.Q. (1909) Art. 7321.
APPEAL from the judgment of the Court of King's Bench, appeal side, province of Quebec[1], affirming the judgment of the trial judge, Roy J., and maintaining the respondent's action.
The respondent's son was killed, while he was working for the appellant company. The respondent made a petition to be allowed to sue the appellant company under the "Workmen's Compensation Act." He then brought an action for $2,500 against the appellant, and the trial judge gave judgment for that amount. Upon the appeal to the court of King's Bench, the appellant urged principally the ground that the respondent had neither alleged in his declaration nor proved at the trial that the appellant company was an industrial company and within the terms of section 7321 of the Revised Statute of Quebec. The Court of King's Bench dismissed the appeal.
The Supreme Court of Canada, after argument by the appellant's counsel and the respondent's counsel, submitting his case upon his factum, affirmed this judgment and dismissed the appeal with costs.
Appeal dismissed with costs.
L. A. Cameron K.C. for the appellant.
Maurice Rousseau K.C. for the respondent.
[1] Q.R. 29 K.B. 460.