Tremblay v. Canada
A-94-98
Décary J.A.
19/11/99
13 pp.
Appeal from judgment of Trial Division Judge ((1998), 152 F.T.R. 172) dismissing motion in continuance of suit made by Public Curator pursuant to old Rule 1724 of the Federal Court Rules-Appeal raised question of Quebec Public Curator's power to continue suit in action for damages for bodily injury, when plaintiff died while case pending and testamentary heirs renounced succession-Plaintiff fell in stairway owned by Crown in right of Canada in Port of Montréal-In April 1979 Trial Division Judge allowed action and held Crown 75 per cent liable, quantum to be decided at later date-Plaintiff died before this was done-Hearing adjourned sine die-Trial Judge held that State not seized of right of action for breach of plaintiff's personality right-Appeal allowed-Action for damages for bodily injury is action involving breach of personality right (arts. 3 and 10 C.C.) and deceased's right of action against perpetrator of breach transmitted to heirs (art. 625 C.C.)-Although personality rights not part of "patrimony" in traditional sense, right to compensation patrimonial in nature-There is a certain "patrimonialization" of extra-patrimonial rights-Here it would have been more accurate to speak of claim rather than right of action, since right of action exercised by plaintiff and right to damages recognized before her death-All that had to be determined was amount of plaintiff's claim-Claim part of "patrimony" within meaning of art. 625 and "incorporeal movable property" within meaning of arts. 899 and 907 C.C.-Whether we say State seized of patrimony of deceased, property of succession or succession, what we are saying for all practical purposes is State seized of exactly what heirs were seized of-Effect of renunciation not to extinguish right of action-Once property becomes unclaimed because of renunciation of succession, State takes possession of property, administers it (Public Curator) on behalf of another for certain time and, if no claimant appears, becomes its owner-In case at bar Public Curator had to continue suit since had duty to ensure as yet undetermined claim deceased had against respondents continued to be part of property of succession-Civil Code of Quebec, S.Q. 1991, c. 64, arts. 3, 10, 625, 899, 907-Federal Court Rules, C.R.C., c. 663, Rule 1724.