Drolet v. Denis

Drolet v. Denis

The employer was liable because he permitted the work to be carried out in an unsafe manner and failed to provide the necessary instruction for securing the bags; a mere warning to be careful did not discharge the employer's duty, and the resulting lack of proper instruction was the proximate cause of the employee's...

Source-derived case information.

Citation
(1911) 48 SCR 510
Parties
Appellant: Denis; Respondent: Drolet
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1911
Procedural Posture
Torts Negligence Employers' Liability / Appeal to Supreme Court of Canada From Court of King's Bench and Court of Review, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Defective Appliances, Warning and Instruction, Employer's Duty to Instruct, Contributory Negligence
Source Language
english
Torts Negligence Employers' Liability Workplace Safety Defective Appliances Warning and Instruction Employer's Duty to Instruct Contributory Negligence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Denis

Appellant

Drolet

Respondent

Procedural Posture

Torts Negligence Employers' Liability / Appeal to Supreme Court of Canada From Court of King's Bench and Court of Review, Province of Quebec

Legal Issues

  1. 1 Whether employer is liable for employee's death caused by improperly secured load during hoisting
  2. 2 Whether a verbal warning without instruction is sufficient to discharge employer's duty of care
  3. 3 Whether the employee's sole negligence bars recovery by dependants

Ratio Decidendi

The employer was liable because he permitted the work to be carried out in an unsafe manner and failed to provide the necessary instruction for securing the bags; a mere warning to be careful did not discharge the employer's duty, and the resulting lack of proper instruction was the proximate cause of the employee's death.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs