Mallais v. D.A. Campbell Amusements Limited

Mallais v. D.A. Campbell Amusements Limited

An amusement ride that does not transport passengers from one place to another on regular routes is not a common carrier; the trial judge correctly applied ordinary negligence and occupiers' liability principles rather than the common carrier standard, and the appeal is dismissed.

Citation
2007 ONCA 82
Parties
Appellant (plaintiff): Kelly Mallais; Appellant (plaintiff): Caleigh Mallais; Appellant (plaintiff): Tavis McKenzie; Respondent (defendant): D.A. Campbell Amusements Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
8 February 2007
Procedural Posture
Civil Appeal (tort/negligence) / Appeal From Trial Judgment (jury)
Outcome
Appeal dismissed
Legal Topics
Common Carrier Status, Standard of Care, Reverse Onus, Amusement Ride Liability, Damages Assessment, New Trial
Source Language
English
Tort Occupiers' Liability Personal Injury Civil Procedure Common Carrier Status Standard of Care Reverse Onus Amusement Ride Liability +2 more

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Parties

Kelly Mallais

Appellant (plaintiff)

Caleigh Mallais

Appellant (plaintiff)

Tavis McKenzie

Appellant (plaintiff)

D.A. Campbell Amusements Limited

Respondent (defendant)

Procedural Posture

Civil Appeal (tort/negligence) / Appeal From Trial Judgment (jury)

Legal Issues

  1. 1 Whether an amusement ride is a common carrier attracting the higher common carrier standard and reverse onus
  2. 2 Whether the jury's assessment of general damages was unreasonable
  3. 3 Whether a new trial is necessary

Ratio Decidendi

An amusement ride that does not transport passengers from one place to another on regular routes is not a common carrier; the trial judge correctly applied ordinary negligence and occupiers' liability principles rather than the common carrier standard, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent of $25,000 inclusive of disbursements and GST