Teasdale v. MacIntyre

Teasdale v. MacIntyre

Majority held the arrangement was a non‑commercial joint adventure (sharing costs for a recreational trip) and therefore the defendant was not engaged in the business of carrying passengers for compensation; s.105(2) of The Highway Traffic Act barred the plaintiff's recovery for injuries caused by the defendant's negligent driving.

Citation
[1968] SCR 735
Parties
Plaintiff/appellant: Stanley Ross Teasdale; Defendant/respondent: Malcolm Neil MacIntyre
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 June 1968
Procedural Posture
Civil Negligence Motor Vehicle / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed
Legal Topics
Passenger Driver Liability, Commercial Nature Exception Under Traffic Statute, Section 105(2) R.s.o. 1960
Source Language
English
Motor Vehicles Torts Negligence Statutory Interpretation Passenger Driver Liability Commercial Nature Exception Under Traffic Statute Section 105(2) R.s.o. 1960

Case Brief

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Parties

Stanley Ross Teasdale

Plaintiff/appellant

Malcolm Neil MacIntyre

Defendant/respondent

Procedural Posture

Civil Negligence Motor Vehicle / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the arrangement between plaintiff and defendant was commercial in nature
  2. 2 Whether s.105(2) of The Highway Traffic Act bars plaintiff's recovery
  3. 3 Whether there was an enforceable obligation by the passenger to pay the driver

Ratio Decidendi

Majority held the arrangement was a non‑commercial joint adventure (sharing costs for a recreational trip) and therefore the defendant was not engaged in the business of carrying passengers for compensation; s.105(2) of The Highway Traffic Act barred the plaintiff's recovery for injuries caused by the defendant's negligent driving.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal restored (trial judgment set aside)