Union Estates Ltd. v. Kennedy et al.

Union Estates Ltd. v. Kennedy et al.

The respondents were invitees within the scope of the appellant's commercial invitation to use picnic grounds and adjacent entertainment areas; the appellant, as owner in possession, owed a duty to keep the benches reasonably safe within that area; evidence established the bench was rotten and that the appellant failed to make adequate inspection, therefore the appellant was liable and the judgments below were affirmed.

Citation
[1940] SCR 625
Parties
Appellant/defendant: Union Estates Limited; Respondents/plaintiffs: John A. Kennedy and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1940
Procedural Posture
Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia (final Judgment)
Outcome
Appeal dismissed with costs; judgment of Court of Appeal and trial court affirmed in favour of respondents
Legal Topics
Invitee Vs Licensee, Duty to Keep Premises Safe, Inspection and Maintenance of Fixtures, Scope of Invitation/joint Enterprise
Source Language
English
Torts Negligence Occupiers' Liability Invitee Vs Licensee Duty to Keep Premises Safe Inspection and Maintenance of Fixtures Scope of Invitation/joint Enterprise

Case Brief

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Parties

Union Estates Limited

Appellant/defendant

John A. Kennedy and Others

Respondents/plaintiffs

Procedural Posture

Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia (final Judgment)

Legal Issues

  1. 1 Whether the injured persons were invitees or licensees
  2. 2 Whether the owner/occupier owed a duty to keep benches reasonably safe within the scope of the invitation
  3. 3 Whether the location of the accident was within the area to which the invitation extended

Ratio Decidendi

The respondents were invitees within the scope of the appellant's commercial invitation to use picnic grounds and adjacent entertainment areas; the appellant, as owner in possession, owed a duty to keep the benches reasonably safe within that area; evidence established the bench was rotten and that the appellant failed to make adequate inspection, therefore the appellant was liable and the judgments below were affirmed.

Court Disposition

Appeal dismissed with costs; judgment of Court of Appeal and trial court affirmed in favour of respondents

Orders

  • Appeal dismissed with costs
  • Judgment of trial court and Court of Appeal affirmed; respondents awarded damages