Tremblay v. Canada
T-2273-76
Nadon J.
9/2/98
11 pp.
Action for damages for personal injuries resulting from accident in June 1975-Whether Public Curator of province of Quebec can continue suit following plaintiff's death in June 1997-Parties' liability established at 25% for plaintiff, 75% for defendants, quantum of damages flowing from plaintiff's injuries to be decided at later date-Plaintiff's heirs renouncing succession-Plaintiff's counsel expressing intention to obtain mandate from Public Curator of province of Quebec-Quebec law applicable, in particular Civil Code of Québec, art. 3, 10, 625, 696, 697, 698-Public Curator Act, s. 24 also relevant-Pursuant to C.C.Q., art. 697, Crown in right of Quebec seised, in same manner as heir, solely of deceased's property, taken by State as of right-State seised of deceased's movable and immovable property situated in Quebec, including rights of action incidental to property-Right of action in instant case concerning breach of one of plaintiff's personality rights-Not right of action incidental to plaintiff's property situated in Quebec-Right of action transmissible to plaintiff's heirs, and since heirs refusing to accept succession, right of action extinguished-State not heir, therefore not seised of plaintiff's right of action against defendants-Consequently, Public Curator may not exercise seisin-Motion dismissed-Civil Code of Québec, S.Q. 1991, c. 64, art. 3, 10, 625, 696, 697, 698-Public Curator Act, R.S.Q., c. C-81, s. 24 (as am. by S.Q. 1992, c. 57, s. 556; 1994, c. 29, s. 1; 1996, c. 64, s. 3).