O'Rourke et al. v. Schacht

O'Rourke et al. v. Schacht

The Police Act (ss.3(3)(a) and 46) imposes on Provincial Police officers a duty, in performing traffic patrol functions, to attempt to make roads safe for traffic and to notify or secure warnings for hazards arising from a prior accident; Corporal Johnston breached that duty by failing to secure replacement warning...

Source-derived case information.

Citation
[1976] 1 SCR 53
Parties
Appellant/defendant: Glenn O'Rourke; Appellant/defendant: J. Bruce Johnston; Appellant/defendant: Thomas Boyd; Appellant/defendant (commissioner): Eric Silk; Respondent/plaintiff: Cammie Irvin Schacht
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 December 1974
Procedural Posture
Civil Tort Appeal / Supreme Court of Canada Judgment on Appeal From Court of Appeal for Ontario
Outcome
Appeal allowed in part: appeal of Thomas Boyd allowed; appeals of J. Bruce Johnston and Eric Silk dismissed.
Legal Topics
Duty of Care, Vicarious Liability, Statutory Duty, Omission Liability, Apportionment of Negligence
Source Language
english
Motor Vehicles Professional Law Police Law Negligence (tort) Statutory Interpretation Duty of Care Vicarious Liability Statutory Duty +2 more

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Parties

Glenn O'Rourke

Appellant/defendant

J. Bruce Johnston

Appellant/defendant

Thomas Boyd

Appellant/defendant

Eric Silk

Appellant/defendant (commissioner)

Cammie Irvin Schacht

Respondent/plaintiff

Procedural Posture

Civil Tort Appeal / Supreme Court of Canada Judgment on Appeal From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether Provincial Police officers owed a private law duty to road users after a prior accident to make the road safe and warn traffic
  2. 2 Whether failure to replace warning signs and delay in notifying the Department of Highways constituted breach of that duty
  3. 3 Whether the Commissioner is vicariously liable under The Police Act s.47 for omissions by members of the Force

Ratio Decidendi

The Police Act (ss.3(3)(a) and 46) imposes on Provincial Police officers a duty, in performing traffic patrol functions, to attempt to make roads safe for traffic and to notify or secure warnings for hazards arising from a prior accident; Corporal Johnston breached that duty by failing to secure replacement warning signs and by delaying notification to the Department of Highways and is liable; the Commissioner is vicariously liable under s.47 for torts of members in the performance or purported performance of their duties; a subordinate officer (Constable Boyd) who reasonably left hazard protection to his superior is not liable here.

Court Disposition

Appeal allowed in part: appeal of Thomas Boyd allowed; appeals of J. Bruce Johnston and Eric Silk dismissed.

Orders

  • Appeal of Thomas Boyd allowed without costs
  • Appeals of J. Bruce Johnston and Eric Silk dismissed with costs