SSQ, Société D'assurances générales Inc. v. Canada
T-259-91
Pinard J.
22/1/93
6 pp.
Action for damages brought by insurer personally and as subrogate of insured-Vehicle of insured presumed stolen while at Montréal International Airport (Mirabel) in fact lost because of error in recording licence number of said vehicle-Plaintiff paid insured $16,223.09 to replace vehicle and claimed $5,654.89 as replacement cost-Defendant admitted owing $832.67 for cost of car rental-As claim arose in Quebec, rules of tort liability in civil law under Civil Code, art. 1053 apply-Plaintiff only entitled as subrogate to $832.67, which defendant admitted owing-Plaintiff had no direct right against defendant under art. 1053, in view of bilateral contract formed by insurance policy issued by insurer to insured, and so lack of any causal link between fault of defendant's employees and costs, expenses and losses resulting to plaintiff from performance of contractual obligation-Action allowed in part-Civil Code of Lower Canada, art. 1053.