DAMAGES |
Compensatory |
Grenier v. Canada (Attorney General)
T-954-01
2004 FC 1435, Blanchard J.
18/10/04
15 pp.
Motion to appeal decision of Prothonotary Morneau allowing in part action brought by applicant--Applicant inmate at Donnacona Institution who claimed by way of action damages of $49,000, consisting of $24,000 as compensatory damages, $25,000 as exemplary damages--Prothonotary Morneau allowing applicant's action in part, awarding him $3,000 in compensatory damages, $2,000 in exemplary damages as compensation for having been arbitrarily imprisoned from May 29 to June 11, 1998--Respondent arguing applicant should have proceeded by way of judicial review--Only proceeding that could make it possible to eliminate, redress harm caused by penalty already served action in damages--In case at bar, Prothonotary could hear case under Federal Court Rules, 1998, r. 50(2) which allows him to hear action for monetary relief of $50,000 or less-- Standard laid down by Supreme Court of Canada in Housen v. Nikolaisen, [2002] 2 S.C.R. 235, should apply in circumstances of appeal from prothonotary's decision on simplified action, since appeal from final decision made after trial held--Respondent erred in interpreting Quebec Court of Appeal's judgment in Montambault v. Hôpital Maisonneuve-Rosemont, [2001] R.J.Q. No. 893 (C.A.)--Judgment not introducing judicial review proceeding into consideration of civil liability of public body--As Court not concerned here with judicial review proceeding, Prothonotary had jurisdiction to hear proceeding in simplified action, where no reason to be concerned with legality of decision, but rather to determine respondent's civil liability--Prothonotary correct to find officer had discretion to place applicant in detention, but not to prolong duration--No basis in legislation, facts for concluding officer who decided to continue applicant's detention had immunity shielding him from liability-- Prothonotary not making conclusive error--Properly applied principles set out in Civil Code of Quebec, art. 1457, used in determining civil liability in Quebec--In deciding action, Prothonotary looked at components of civil liability, concluding in case at bar fault, damage, causal connection-- No basis for intervening in decision--Prothonotary's assessment of quantum of damages not vitiated by palpable, overriding error--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 50(2)--Civil Code of Quebec, S.Q., 1991, c. 64, s. 1457 (as am. by S.Q. 2002, c. 19, s. 15(E)).