Foster and Robillard v. C.A. Johannsen & Sons Ltd.

Foster and Robillard v. C.A. Johannsen & Sons Ltd.

Owners exercising contractual inspection rights must take reasonable care for their own safety; where the danger was open and appreciable the contractor was not liable for injuries the owners should have foreseen; therefore the appeal is dismissed.

Citation
[1963] SCR 637
Parties
Plaintiff/appellant: Ralph Foster; Plaintiff/appellant: Roger Robillard; Defendant/respondent: C.A. Johannsen & Sons Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 December 1963
Procedural Posture
Tort (negligence) and Contract (construction) Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed
Legal Topics
Negligence, Inspection Clause, Volenti Non Fit Injuria, Contributory Negligence, Apportionment of Fault, Access to Worksite
Source Language
English
Torts Contract Construction Law Occupiers' Liability Negligence Inspection Clause Volenti Non Fit Injuria Contributory Negligence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ralph Foster

Plaintiff/appellant

Roger Robillard

Plaintiff/appellant

C.A. Johannsen & Sons Limited

Defendant/respondent

Procedural Posture

Tort (negligence) and Contract (construction) Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether contractor liable for injuries to owners inspecting unfinished roof under contractual inspection clause
  2. 2 Extent of contractor's duty to provide access and safe facilities under Article 13
  3. 3 Whether volenti non fit injuria applies

Ratio Decidendi

Owners exercising contractual inspection rights must take reasonable care for their own safety; where the danger was open and appreciable the contractor was not liable for injuries the owners should have foreseen; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs