Bergklint v. Western Canada Power Co.

Bergklint v. Western Canada Power Co.

Where work is of a changing, hazardous nature and precautions necessarily vary by location, the employer can discharge the common‑law duty by entrusting superintendence to a competent person furnished with authority and resources; because the record left open whether the injury was caused by fellow servants or by superintendent and because the defence of delegation/authority was not adequately raised or left to the jury, the appropriate remedy is a new trial to resolve those factual issues.

Citation
(1914) 50 SCR 39
Parties
Appellant / Plaintiff: Charles S. Bergklint; Respondent / Defendant: The Western Canada Power Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 June 1914
Procedural Posture
Tort Negligence / Employer Liability / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Appeal allowed in part; new trial ordered; costs to abide the event
Legal Topics
Dangerous Works, Delegation of Employer's Duty, Fellow Servant Rule, Superintendence, Contributory Negligence, Pleading Requirements, Employers' Liability Act, New Trial
Source Language
English
Torts Employment Law Negligence Occupational Safety Civil Procedure Dangerous Works Delegation of Employer's Duty Fellow Servant Rule +5 more

Case Brief

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Parties

Charles S. Bergklint

Appellant / Plaintiff

The Western Canada Power Company

Respondent / Defendant

Procedural Posture

Tort Negligence / Employer Liability / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether employer liable at common law for injuries caused by falling rock during hazardous excavation work
  2. 2 Whether employer can discharge duty by delegating to a competent superintendent furnished with adequate materials and authority
  3. 3 Whether the injury was caused by negligence of plaintiff or fellow servants (contributory negligence/volenti)

Ratio Decidendi

Where work is of a changing, hazardous nature and precautions necessarily vary by location, the employer can discharge the common‑law duty by entrusting superintendence to a competent person furnished with authority and resources; because the record left open whether the injury was caused by fellow servants or by superintendent and because the defence of delegation/authority was not adequately raised or left to the jury, the appropriate remedy is a new trial to resolve those factual issues.

Court Disposition

Appeal allowed in part; new trial ordered; costs to abide the event

Orders

  • New trial ordered
  • Costs to abide the result