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Supreme Court of Canada

Workmen’s compensation—Remedy against a co-worker—Exemption for damages caused by a wrongful act committed “in the performance of his duties”—Assessment of specific circumstances—Workmen’s Compensation Act, R.S.Q. 1964, c. 159, ss. 3, 7, 8, 9, 15.

APPEAL from a unanimous decision of the Court of Appeal of Quebec[1] affirming a judgment of the Superior Court[2] dismissing an action for $300,000 in damages brought by appellant against respondent and another. Appeal dismissed.

André Gagnon, Q.C., and Jean-Claude Dallaire, for the appellant.

Michel Rioux, Q.C., for the respondent.

The judgment of the Court was delivered orally by

PIGEON J.—Appellant has failed to persuade us that there were any grounds to interfere with the concurrent findings of the Courts of Quebec on the facts of this case and he has not shown any error in law.

The appeal is dismissed with costs.

Appeal dismissed with costs.

Solicitor for the appellant: Jean-Claude Dallaire, Victoriaville, Quebec.

Solicitors for the respondent: Colby, Rioux, Demers, Swift & Smiley, Montreal.


[1] October 24, 1973, C.A.M. No. 14651.

[2] July 20, 1967, C.S. St-François, No. 32499.



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