Des Brisay v. Canadian Government Merchant Marine Ltd.

Des Brisay v. Canadian Government Merchant Marine Ltd.

On the evidence the defendants were not negligent in causing or in permitting the spread of the fire; the Marine Company never took possession and so is not liable; the Steamship Company fulfilled the duty of a warehouseman in the circumstances; plaintiffs failed to prove negligence; appeal dismissed.

Citation
[1941] SCR 230
Parties
Plaintiffs/appellants: M. DesBrisay and H. A. Bulwer, carrying on business as M. DesBrisay & Company; Defendant/respondent: Canadian Government Merchant Marine Limited; Defendant/respondent: Canadian National Steamship Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 February 1941
Procedural Posture
Civil Appeal (tort Negligence) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Appeal and cross-appeal dismissed with costs
Legal Topics
Warehouseman's Liability, Carrier Liability, Fire Damage, Onus of Proof, Standard of Care, Causation, Foreseeability
Source Language
English
Torts Negligence Property Damage Carrier and Warehouse Liability Warehouseman's Liability Carrier Liability Fire Damage Onus of Proof +3 more

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Parties

M. DesBrisay and H. A. Bulwer, carrying on business as M. DesBrisay & Company

Plaintiffs/appellants

Canadian Government Merchant Marine Limited

Defendant/respondent

Canadian National Steamship Company Limited

Defendant/respondent

Procedural Posture

Civil Appeal (tort Negligence) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether defendants were negligent in origin of fire
  2. 2 Whether defendants were negligent in allowing fire to spread to plaintiffs' goods
  3. 3 Whether Marine Co. was a carrier and liable once goods placed on designated pier

Ratio Decidendi

On the evidence the defendants were not negligent in causing or in permitting the spread of the fire; the Marine Company never took possession and so is not liable; the Steamship Company fulfilled the duty of a warehouseman in the circumstances; plaintiffs failed to prove negligence; appeal dismissed.

Court Disposition

Appeal and cross-appeal dismissed with costs

Orders

  • Appeal dismissed
  • Cross-appeal dismissed