Handley v. Allardyce

Handley v. Allardyce

Section 157(2)'s phrase 'any person being carried' includes owner-passengers; therefore s.157(2) bars recovery by a passenger-owner against the driver for personal injuries absent wilful and wanton misconduct; Koos v. McVey is overruled to this extent.

Citation
[1962] SCR 112
Parties
Defendant/appellant: Fred Handley; Plaintiff/respondent: Stanley Lionel George Allardyce
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1961
Procedural Posture
Motor Vehicle Personal Injury (tort) / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan
Outcome
Appeal allowed
Legal Topics
Owner/driver Liability, Passenger Liability, Wilful and Wanton Misconduct, Vicarious Liability, Legislative Re Enactment and Judicial Interpretation
Source Language
English
Tort Motor Vehicle Law Statutory Interpretation Owner/driver Liability Passenger Liability Wilful and Wanton Misconduct Vicarious Liability Legislative Re Enactment and Judicial Interpretation

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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fred Handley

Defendant/appellant

Stanley Lionel George Allardyce

Plaintiff/respondent

Procedural Posture

Motor Vehicle Personal Injury (tort) / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether s.157(2) of The Vehicles Act, 1957 bars recovery by a passenger-owner against the driver for injuries absent wilful and wanton misconduct
  2. 2 Whether prior decision in Koos v. McVey should govern interpretation of statutory language 'any person being carried'
  3. 3 Whether re-enactment of statute adopts prior judicial construction

Ratio Decidendi

Section 157(2)'s phrase 'any person being carried' includes owner-passengers; therefore s.157(2) bars recovery by a passenger-owner against the driver for personal injuries absent wilful and wanton misconduct; Koos v. McVey is overruled to this extent.

Court Disposition

Appeal allowed

Orders

  • Action dismissed except for $200 in respect of damage to plaintiff's automobile
  • Appellant awarded costs of the appeal and costs in the Courts below