City of Brandon v. Farley

City of Brandon v. Farley

Because the plaintiff was a member of a class who routinely obtained water at that entrance and the accumulation of ice from spillage in freezing conditions was a foreseeable, ordinary risk for that class which the plaintiff knew and appreciated, the icy sill was not an 'unusual danger' engaging the occupier's special duty; accordingly the occupier was not liable and the action must be dismissed.

Citation
[1968] SCR 150
Parties
Defendant Appellant: City of Brandon; Plaintiff Respondent: Kimbell Russell Roy Farley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 January 1968
Procedural Posture
Torts Negligence (occupier's Liability) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba; Final Judgment
Outcome
Appeal allowed; action dismissed
Legal Topics
Invitee/invitor Duties, Unusual Danger, Notice and Knowledge, Contributory Negligence, Duty to Take Precautions
Source Language
English
Torts Occupier's Liability Negligence Invitee/invitor Duties Unusual Danger Notice and Knowledge Contributory Negligence Duty to Take Precautions

Case Brief

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Parties

City of Brandon

Defendant Appellant

Kimbell Russell Roy Farley

Plaintiff Respondent

Procedural Posture

Torts Negligence (occupier's Liability) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba; Final Judgment

Legal Issues

  1. 1 Whether the accumulation of ice at the doorway constituted an 'unusual danger' triggering an occupier's heightened duty
  2. 2 Whether the plaintiff had actual knowledge and appreciation of the danger
  3. 3 Whether the occupier failed to take reasonable precautions (removing ice/applying sand)

Ratio Decidendi

Because the plaintiff was a member of a class who routinely obtained water at that entrance and the accumulation of ice from spillage in freezing conditions was a foreseeable, ordinary risk for that class which the plaintiff knew and appreciated, the icy sill was not an 'unusual danger' engaging the occupier's special duty; accordingly the occupier was not liable and the action must be dismissed.

Court Disposition

Appeal allowed; action dismissed

Orders

  • Appeal allowed
  • Respondent's action dismissed