MacMillan Bloedell (Alberni) Ltd. et al. v. British Columbia Hydro & Power Authority et al.

MacMillan Bloedell (Alberni) Ltd. et al. v. British Columbia Hydro & Power Authority et al.

The Supreme Court held that there was ample evidence to uphold the trial judge's factual findings on negligence, apportionment and mitigation; the Court agreed with the trial judge's legal conclusion on the contested question regarding snag felling and reforestation and restored the trial judge's judgment, setting aside the Court of Appeal decision.

Citation
[1975] 1 SCR 263
Parties
Plaintiff/appellant: MacMillan Bloedell (Alberni) Limited; Plaintiff/appellant: MacMillan Bloedell Industries Limited; Defendant/respondent: British Columbia Hydro & Power Authority; Defendant/respondent: Basil Van Horne; Defendant/respondent: Alex Brayden; Defendant/respondent: Windsor Construction (1962) Ltd.; Defendant/respondent (cross Appellant): Roy David Adams
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 October 1973
Procedural Posture
Torts Negligence / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia; Cross Appeal and Motions to Vary
Outcome
Appeal allowed; cross-appeal (Adams) allowed; Court of Appeal judgment set aside; trial judge's judgment restored.
Legal Topics
Blasting Operations, Liability for Fire, Apportionment of Liability, Mitigation of Loss, Damages for Reforestation and Snag Felling, Costs
Source Language
English
Torts Negligence Civil Procedure Blasting Operations Liability for Fire Apportionment of Liability Mitigation of Loss Damages for Reforestation and Snag Felling +1 more

Case Brief

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Parties

MacMillan Bloedell (Alberni) Limited

Plaintiff/appellant

MacMillan Bloedell Industries Limited

Plaintiff/appellant

British Columbia Hydro & Power Authority

Defendant/respondent

Basil Van Horne

Defendant/respondent

Alex Brayden

Defendant/respondent

Windsor Construction (1962) Ltd.

Defendant/respondent

Roy David Adams

Defendant/respondent (cross Appellant)

Procedural Posture

Torts Negligence / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia; Cross Appeal and Motions to Vary

Legal Issues

  1. 1 Whether defendants were negligent in blasting operations causing power line damage and forest fire
  2. 2 Apportionment of responsibility and contribution between defendants
  3. 3 Whether plaintiff took reasonable steps to mitigate its loss

Ratio Decidendi

The Supreme Court held that there was ample evidence to uphold the trial judge's factual findings on negligence, apportionment and mitigation; the Court agreed with the trial judge's legal conclusion on the contested question regarding snag felling and reforestation and restored the trial judge's judgment, setting aside the Court of Appeal decision.

Court Disposition

Appeal allowed; cross-appeal (Adams) allowed; Court of Appeal judgment set aside; trial judge's judgment restored.

Orders

  • Judgment of the Court of Appeal set aside and trial judge's judgment restored.
  • Appellant entitled to its costs in this Court and in the Court of Appeal against British Columbia Hydro & Power Authority, Basil Van Horne and Alex Brayden.