Consumers' Gas v. Peterborough

Consumers' Gas v. Peterborough

In the absence of an express contractual indemnity, a defendant found partly at fault cannot recover full indemnity for its own negligence; under s.2(1) of The Negligence Act contribution and indemnity between wrongdoers is limited to their respective degrees of fault.

Source-derived case information.

Citation
[1981] 2 SCR 613
Parties
Appellant / Defendant: The Consumers' Gas Company; Respondent / Defendant—third Party: Peterborough Utilities Commission; Respondent / Defendant—third Party: The Corporation of the City of Peterborough; Plaintiffs: Gerard Fenn; Sandra Fenn; Candice Ann Fenn; John Fenn
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 December 1981
Procedural Posture
Torts — Negligence; Contribution and Indemnification / Appeal to the Supreme Court of Canada From the Ontario Court of Appeal (final)
Outcome
Appeal dismissed with costs
Legal Topics
Duty of Care, Indemnity, Contribution, Apportionment of Fault, Statutory Interpretation of the Negligence Act
Source Language
english
Torts Negligence Contribution and Indemnification Duty of Care Indemnity Contribution Apportionment of Fault Statutory Interpretation of the Negligence Act

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Parties

The Consumers' Gas Company

Appellant / Defendant

Peterborough Utilities Commission

Respondent / Defendant—third Party

The Corporation of the City of Peterborough

Respondent / Defendant—third Party

Gerard Fenn; Sandra Fenn; Candice Ann Fenn; John Fenn

Plaintiffs

Procedural Posture

Torts — Negligence; Contribution and Indemnification / Appeal to the Supreme Court of Canada From the Ontario Court of Appeal (final)

Legal Issues

  1. 1 Whether Consumers' Gas could obtain full indemnity for its own negligence from the Peterborough Utilities Commission and the City
  2. 2 Whether membership in an informal coordinating committee created contractual obligations to indemnify
  3. 3 Application and scope of s.2(1) of The Negligence Act, R.S.O. 1970, c.296

Ratio Decidendi

In the absence of an express contractual indemnity, a defendant found partly at fault cannot recover full indemnity for its own negligence; under s.2(1) of The Negligence Act contribution and indemnity between wrongdoers is limited to their respective degrees of fault.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.
  • Claim by The Consumers' Gas Company for full indemnity denied; indemnity limited to contribution according to apportionment of fault (Consumers' 25%, Peterborough Utilities Commission and the City 75%).